74:36:08:35 

operations. 

74:36:08:36 

74:36:08:37 

74:36:08:38 

74:36:08:39 

74:36:08:40 

74:36:08:41 

74:36:08:42 

74:36:08:43 

74:36:08:44 

74:36:08:45 

74:36:08:46 

74:36:08:47 

74:36:08:48 

74:36:08:49 

74:36:08:50 

74:36:08:51 

74:36:08:52 

National emission standards for flexible polyurethane foam fabrication 

National emission standards for engine test cells/stands. 

National emission standards for surface coating of miscellaneous metal parts and 

products. 

National emission standards for reinforced plastic composites production. 

National emission standards for stationary combustion turbines. 

National emission standards for stationary reciprocating internal combustion 

engines. 

National emission standards for industrial, commercial, and institutional boilers 

and process heaters. 

National emission standards for polyvinyl chloride and copolymers production. 

National emission standards for coke oven batteries. 

National emission standards for pulp and paper industry. 

National emission standards for group I polymers and resins. 

National emission standards for epoxy resins production and non-nylon 

polyamides production. 

National emission standards for secondary lead smelting. 

National emission standards for phosphoric acid manufacturing plants. 

National emission standards for phosphate fertilizers production plants. 

National emission standards for petroleum refineries. 

National emission standards for off-site waste and recovery operations. 

National emission standards for magnetic tape manufacturing operations. 

132 

• 

• 

• 
• 

• 

• 

74:36:08:53 

74:36:08:54 

74:36:08:55 

74:36:08:56 

74:36:08:57 

74:36:08:58 

74:36:08:59 

74:36:08:60 

74:36:08:61 

74:36:08:62 

74:36:08:63 

74:36:08:64 

74:36:08:65 

74:36:08:66 

74:36:08:67 

74:36:08:68 

74:36:08:69 

74:36:08:70 

National emission standards for primary aluminum reduction plants. 

National emission standards for chemical recovery combustion sources at kraft, 

soda, sulfite, and stand-alone semi chemical pulp mills. 

National emission standards for ethylene manufacturing process units -- Heat 

exchange systems and waste operations. 

Generic maximum achievable control technology standards. 

National emission standards for steel pickling -- HCl process facilities and 

hydrochloric acid regeneration plants. 

National emission standards for mineral wool production. 

National emission standards for hazardous waste combustors. 

National emission standards for pharmaceutical production. 

National emission standards for group IV polymers and resins. 

National emission standards for wool fiberglass production. 

National emission standards for manufacture of amino/phenolic resins. 

National emission standards for polyether polyols production. 

National emission standards for primary copper smelting. 

National emission standards for primary lead smelting. 

National emission standards for petroleum refineries -- Catalytic cracking, 

catalytic reforming, and sulfur recovery units. 

National emission standards for ferroalloy production -- Ferromanganese and 

silicomanganese. 

National emission standards for the manufacture of nutritional yeast. 

National emission standards for plywood and composite wood products. 

133 
74:36:08:71 

74:36:08:72 

74:36:08:73 

74:36:08:74 

74:36:08:75 

74:36:08:76 

74:36:08:77 

74:36:08:78 

74:36:08:79 

74:36:08:80 

74:36:08:81 

74:36:08:82 

74:36:08:83 

74:36:08:84 

74:36:08:85 

74:36:08:86 

74:36:08:87 

74:36:08:88 

74:36:08:89 

74:36:08:90 

National emission standards for non-gasoline organic liquids distribution. 

National emission standards for miscellaneous organic chemical manufacturing. 

National emission standards for wet-formed fiberglass mat production. 

National emission standards for surface coating of automobiles and light duty 

trucks. 

National emission standards for surface coating of metal cans. 

National emission standards for surface coating oflarge appliances. 

National emission standards for printing, coating, and dyeing of fabrics and 

other textiles. 

National emission standards for surface coating of plastic parts and products. 

National emission standards for surface coating of wood building products. 

National emission standards for surface coating of metal coil. 

National emission standards for leather finishing operations. 

National emission standards for cellulose products manufacturing. 

National emission standards for boat manufacturing. 

National emission standards for rubber tire manufacturing. 

National emission standards for lime manufacturing plants. 

National emission standards for semiconductor manufacturing. 

National emission standards for coke ovens --Pushing, quenching, and battery 

stacks. 

National emission standards for iron and steel foundries. 

National emission standards for site remediation. 

National emission standards for miscellaneous coating manufacturing. 

134 

• 

• 

• 
• 74:36:08:91 

74:36:08:92 

74:36:08:93 

74:36:08:94 

74:36:08:95 

74:36:08:96 

74:36:08:97 

74:36:08:98 

74:36:08:99 

National emission standards for mercury cell chlor-alkali plants. 

National emission standards for clay ceramics manufacturing. 

National emission standards for flexible polyurethane foam fabrieation 

operations production. 

National emission standards for hydrochloric acid production. 

National emission standards for friction materials manufacturing facilities. 

National emission standards for taconite iron ore processing. 

National emission standards for refractory products manufacturing. 

National emission standards for primary magnesium refining. 

National emission standards for polyvinyl chloride and copolymers production 

area sources. 

• 74:36:08:100 National emission standards for primary copper smelting area sources. 

74:36:08:101 National emission standards for secondary copper smelting area sources. 

74:36:08:102 National emission standards for primary nonferrous metals area sources-- Zinc, 

cadmium, and beryllium. 

• 

74:36:08:103 National emission standards for hospital ethylene oxide sterilizers. 

74:36:08:104 National emission standards for electric arc furnace steelmaking facility area 

sources. 

74:36:08:105 National emission standards for iron and steel foundry area sources. 

74:36:08:106 National emission standards for gasoline distribution bulk terminals, bulk plants, 

and pipeline facilities. 

74:36:08:107 National emission standards for gasoline dispensing facilities . 

135 
74:36:08:108 National emission standards for paint stripping and miscellaneous surface coating • 

area sources. 

74:36:08:109 National emission standards for acrylic and modacrvlic fiber production area 

sources. 

74:36:08:110 National emission standards for carbon black production area sources. 

74:36:08:111 National emission standards for chemical manufacturing area sources- chromium 

compounds. 

74:36:08:112 National emission standards for flexible polyurethane foam production and 

fabrication area sources. 

74:36:08:113 National emission standards for lead acid battery manufacturing area sources. 

74:36:08:114 National emission standards for wood preserving area sources. 

74:36:08:115 National emission standards for clay ceramic manufacturing area sources. 

74:36:08:116 National emission standards for glass manufacturing area sources. 

74:36:08:117 National emission standards for secondary nonferrous metal processing area 

sources. 

74:36:08:118 National emission standards for plating and polishing area sources. 

74:36:08:119 National emission standards for nine metal fabrication and finishing area sources. 

74:36:08:120 National emission standards for ferroalloys production area sources. 

74:36:08:121 National emission standards for aluminum, copper, and other nonferrous foundry 

area sources. 

136 

• 

• 
• 

• 

• 

74:36:08:01. General provisions -- National emission standards for hazardous air 

pollutants. The general provisions for the national emission standards for hazardous air 

pollutants are those in 40 C.F.R. §§ 61.01 to 61.19, iHelusive, (July 1, 2006) § 61, Subpart A 

(July l, 2009). 

Source: 19 SDR 157, effective April22, 1993; 21 SDR 119, effective January 5, 1995; 23 

SDR 106, effective December 29, 1996; 25 SDR 123, effective April 4, 1999; 26 SDR 168, 

effective June 27, 2000; 30 SDR 26, effective September 1, 2003; 31 SDR 101, effective January 

2, 2005; 32 SDR 209, effective June 13, 2006; 33 SDR 217, effective June 13, 2007. 

General Authority: SDCL 34A-1-6. 

Law Implemented: SDCL 34A-1-6, 34A-1-19 . 

74:36:08:02. Emission standards for asbestos air pollutants. The emission standards 

for asbestos air pollutants are those in 40 C.F.R. § 61, Subpart M (Jl:Hy 1, 2006 July l, 2009). 

Source: 11 SDR 151, effective May 12, 1985; 13 SDR 129, 13 SDR 141, effective July 1, 

1987; 14 SDR 72, effectiveNovember24, 1987; 17 SDR 170, effective May 13, 1991; 18 SDR 

95, effective December 2, 1991; transferred from§ 74:26:22:02, 19 SDR 157, effective April22, 

1993; 21 SDR 119, effective January 5, 1995; 23 SDR 106, effective December 29, 1996; 25 

SDR 123, effective April 4, 1999; 26 SDR 168, effective July 27, 2000; 30 SDR 26, effective 

September 1, 2003; 31 SDR 101, effective January 2, 2005; 32 SDR 209, effective June 13, 

2006; 33 SDR 217, effective June 13, 2007 . 

General Authority: SDCL 34A-1-6. 

137 
Law Implemented: SDCL 34A-l-6, 34A-1-19. 

74:36:08:02.01. Emission standards for equipment leaks (fugitive emission sources) 

of benzene. The emission standards for equipment leaks of benzene are those in 40 C.F.R. 

§ 91.11Q te 91.112, iaeh:1siv=s, (Jaly 1, 2009) § 61, Subpart J (July 1, 2009). 

Source: 33 SDR 217, effective June 13,2007. 

General Authority: SDCL 34A-1-6. 

Law Implemented: SDCL 34A-1-18. 

74:36:08:02.02. Emission standards for benzene emissions from benzene storage 

vessels. The emission standards for benzene emissions from benzene storage vessels are those in 

40 C.F.R. § 61, Subpart Y (July l, 2009). 

Source: 

General Authority: SDCL 34A-1-6. 

Law Implemented: SDCL 34A-1-18. 

74:36:08:02.03. Emission standards for benzene emissions from benzene transfer 

operations. The emission standards for benzene emissions from benzene transfer operations are 

those in 40 C.F.R. § 61, Subpart BB (July l, 2009). 

Source: 

138 

• 

• 

• 
• 

• 

• 

General Authority: SDCL 34A-l-6. 

Law Implemented: SDCL 34A-1-18. 

74:36:08:02.04. Emission standards for benzene waste operations. The emission 

standards for benzene waste operations equipment leaks of benzene are those in 40 C.P.R. § 61, 

Subpart PP (July 1, 2009). 

Source: 

General Authority: SDCL 34A-1-6. 

Law Implemented: SDCL 34A-1-18 . 

74:36:08:03. General provisions -- National emission standards for hazardous air 

pollutants for source categories. The general provisions for the national emission standards for 

hazardous air pollutants for source categories are those in 40 C.P.R. Parts 93.1 to 93.15, 

inelusive, (Jaly 1, 2009) § 63 Subpart A (July 1, 2009). 

Source: 21 SDR 119, effective January 5, 1995; 23 SDR 106, effective December 29, 

1996; 25 SDR 123, effective April 4, 1999; 26 SDR 168, effective June 27, 2000; 30 SDR 26, 

effective September 1, 2003; 31 SDR 101, effective January 2, 2005; 32 SDR 209, effective June 

13, 2006; 33 SDR 217, effective June 13, 2007. 

General Authority: SDCL 34A-1-6. 

Law Implemented: SDCL 34A-1-6, 34A-1-19 . 

139 
74:36:08:03.01. Requirements for control technology determinations for major • 

sources in accordance with Clean Air Act sections 112(g) and 112(j). The provisions for 

control technology detenninations for major sources in accordance with Clean Air Act sections 

112(g) and 112G) are those in 40 C.F.R. § § 93.40, 93.41, aRa 93.42(e) te 93.59, iHelasive, (Jaly 

1, 2009) § 63, Subpart B (July 1, 2009). 

Source: 25 SDR 123, effective April 4, 1999; 26 SDR 168, effective June 27, 2000; 30 

SDR 26, effective September 1, 2003; 31 SDR 101, effective January 2, 2005; 32 SDR 209, 

effective June 13, 2006; 33 SDR 217, effective June 13, 2007. 

General Authority: SDCL 34A-1-6. 

Law Implemented: SDCL 34A-1-6, 34A-1-19. 

74:36:08:04. National perchloroethylene air emission standards for dry cleaning 

facilities. The national perchloroethylene air emission standards for dry cleaning facilities are 

those in 40 C.F.R. §§ 93.320 te 93.325, iHelasive, (Jaly 1, 2009). Dry eleaHiHg faeilities that are 

eeHsiEiereEi area seBrees are Bet reEjiiireEi te submit a Part 70 eperatiHg permit applieatieH Ufltil 

Deeember 9, 2005. AR area seBree must still meet the applieoole refJ:uireHients iH 40 C.P.R. 

§ § 93.320 te 93.325, iHelusive, (July 1, 2009) § 63, Subpart M (July 1, 2009). A source that 

operates a unit subject to Subpart M is exempt from the obligation to obtain a Part 70 operating 

pennit if the source is not required to obtain a Part 70 operating pennit for a reason other than the 

source is subject to Subpart M. Exempted sources must still meet the applicable requirements in 

SubpartM. 

140 

• 

• 
• Source: 21 SDR 119, effective January 5, 1995; 23 SDR 106, effective December 29, 

1996; 25 SDR 123, effective April 4, 1999; 26 SDR 168, effective June 27, 2000; 30 SDR 26, 

effective September I, 2003; 31 SDR 101, effective January 2, 2005; 32 SDR 209, effective June 

13, 2006; 33 SDR 217, effective June 13,2007. 

General Authority: SDCL 34A-I-6. 

Law Implemented: SDCL 34A-1-6, 34A-1-19. 

Cross-Reference: Complete application, § 74:36:05:09. 

74:36:08:05. National emission standards for organic hazardous air pollutants from 

the synthetic organic chemical manufacturing industry. The national emission standards for 

• organic hazardous air pollutants from the synthetic organic chemicalmanufacturing industry are 

those in 40 C.F.R. § 63, Subpart F (July 1, 2009 July l, 2009). 

Source: 21 SDR 119, effective January 5, 1995; 23 SDR 106, effective December 29, 

1996; 25 SDR 123, effective April 4, 1999; 26 SDR 168, effective June 27, 2000; 30 SDR 26, 

effective September I, 2003; 31 SDR 101, effective January 2, 2005; 32 SDR 209, effective June 

13, 2006; 33 SDR 217, effective June 13, 2007. 

General Authority: SDCL 34A-1-6. 

Law Implemented: SDCL 34A-I-6, 34A-I-19. 

74:36:08:06. National emission standards for organic hazardous air pollutants from 

• synthetic organic chemical manufacturing industry process vents, storage vessels, transfer 

141 
operations, and wastewater. The national emission standards for organic hazardous air • 

pollutants from synthetic organic chemical manufacturing industry process vents, storage vessels, 

transfer operations, and wastewater are those in 40 C.F.R. § 63, Subpart G (hlly 1, 2009 July 1, 

2009). 

Source: 21 SDR 119, effective January 5, 1995; 23 SDR 106, effective December 29, 

1996; 25 SDR 123, effective April 4, 1999; 26 SDR 168, effective June 27, 2000; 30 SDR 26, 

effective September 1, 2003; 31 SDR 101, effective January 2, 2005; 32 SDR 209, effective June 

13, 2006; 33 SDR 217, effective June 13, 2007. 

General Authority: SDCL 34A-1-6. 

Law Implemented: SDCL 34A-1-6, 34A-1-19. 

74:36:08:07. National emission standards for organic hazardous air pollutants for • 

equipment leaks. The national emission standards for organic hazardous air pollutants for 

equipment leaks are those in 40 C.F.R. § 63, Subpart H (Jl:lly 1, 2009 July 1, 2009). 

Source: 21 SDR 119, effective January 5, 1995; 23 SDR 106, effective December 29, 

1996; 25 SDR 123, effective April 4, 1999; 26 SDR 168, effective June 27, 2000; 30 SDR 26, 

effective September 1, 2003; 31 SDR 101, effective January 2, 2005; 32 SDR 209, effective June 

13, 2006; 33 SDR 217, effective June 13,2007. 

General Authority: SDCL 34A-1-6. 

Law Implemented: SDCL 34A-1-6, 34A-1-19. 

• 

142 
• 

• 

• 

74:36:08:08. National emission standards for organic hazardous air pollutants for 

certain processes subject to negotiated regulations for equipment leaks. The national 

emission standards for organic hazardous air pollutants for certain processes subject to the 

negotiated regulations for equipment leaks are those in 40 C.P.R. § 63, Subpart I (July 1, 200€i 

July l, 2009). 

Source: 2I SDR II9, effective January 5, I995; 23 SDR I06, effective December 29, 

I996; 25 SDR I23, effective April 4, I999; 26 SDR I68, effective June 27, 2000; 30 SDR 26, 

effective September I, 2003; 3I SDR 101, effective January 2, 2005; 32 SDR 209, effective June 

13, 2006; 33 SDR 217, effective June 13, 2007. 

General Authority: SDCL 34A-1-6 . 

Law Implemented: SDCL 34A-I-6, 34A-I-I9. 

74:36:08:09. National emission standards for chromium emissions from hard and 

decorative chromium electroplating and chromium anodizing tanks. The national emission 

standards for hard and decorative chromium electroplating and chromium anodizing tanks are 

those in 40 C.P.R. § 63, Subpart N (July 1, 200€i July I, 2009). An area ssuree that falls UHaer 

these reEJ:Uirem.Sftts is Ret reEJ:Uirea ts sl:llJmit a Part 70 speratiRg permit applieatisR uHtil 

Deeem.l:Jer 9, 2005. An area ssuree must still meet the applieal:Jle reEJ:Uirem.ents iR 40 C.F.R. § €i3, 

Sl:llJpart ~r (July 1, 200€i). An area source that operates a unit subject to Subpart N is exempt from 

the obligation to obtain a Part 70 operating permit if the source is not required to obtain a Part 70 

operating permit for a reason other than the source is subject to Subpart N. Exempted sources 

must still meet the applicable requirements in Subpart N. 

143 
Decorative chromil:ll'll: electrofllatiag Oflerations or chromil:ll'll: anodizing Oflerations that 1:1se 

fum.e Sliflflressants ana aecoratiye chromil:ll'll: e!eetfOJllating OfleFations that l:lSe a tfiyalent 

chromil:ll'll: bath that ineoFJlorates a wetting agent as a bath ingredient are e~<eFilflt from the Part 70 

Ofleratiag Jlefffiit flFOgram. EJ<OR'lfltea sol:lfces fillist still meet the aflfllicable reqliirOffients in 4 0 

C.P.R. § 63, Slibflart N (Jl:lly 1, 2006). 

Source: 23 SDR 106, effective December 29, 1996; 25 SDR 123, effective April 4, 1999; 

26 SDR 168, effective June 27, 2000; 30 SDR 26, effective September 1, 2003; 31 SDR 101, 

effective January 2, 2005; 32 SDR 209, effective June 13, 2006; 33 SDR 217, effective June 13, 

2007. 

General Authority: SDCL 34A-1-6. 

Law Implemented: SDCL 34A-1-6, 34A-1-19. 

Cross-Reference: Operating permits for part 70 sources,§ 74:36:05. 

74:36:08:10. National emission standards for ethylene oxide emissions from 

sterilization facilities. The national emission standards for ethylene oxide from sterilization 

facilities are those in 40 C.F.R. §§ 63.360 to 63.367, inellisive, (Jlily 1, 2006) § 63, Subpart 0 

(July 1, 2009). A source that operates a unit subject to Subpart 0 is exempt from the obligation to 

obtain a Part 70 operating permit ifthe source is not required to obtain a Part 70 operating permit 

144 

• 

• 

• 
• for a reason other than the source is subject to Subpart 0. Exempted sources must still meet the 

applicable requirements in Subpart 0. 

Source: 23 SDR 106, effective December 29, 1996; 25 SDR 123, effective April4, 1999; 

26 SDR 168, effective June 27, 2000; 30 SDR 26, effective September 1, 2003; 31 SDR 101, 

effective January 2, 2005; 32 SDR 209, effective June 13, 2006; 33 SDR 217, effective June 13, 

2007. 

General Authority: SDCL 34A-1-6. 

Law Implemented: SDCL 34A-1-6, 34A-1-19. 

74:36:08:11. National emission standards for industrial process cooling towers. The 

• national emission standards for industrial process cooling towers are those in 40 C.F.R. § 63, 

• 

Subpart Q (Jaly 1, 2006 July 1, 2009). A source that operates a unit subject to Subpart 0 is 

exempt from the obligation to obtain a Part 70 operating permit if the source is not required to 

obtain a Part 70 operating permit for a reason other than the source is subject to Subpart 0. 

Exempted sources must still meet the applicable requirements in Subpart 0. 

Source: 23 SDR 106, effective December 29, 1996; 25 SDR 123, effective April 4, 1999; 

26 SDR 168, effective June 27, 2000; 30 SDR 26, effective September 1, 2003; 31 SDR 101, 

effective January 2, 2005; 32 SDR 209, effective June 13, 2006; 33 SDR 217, effective June 13, 

2007. 

General Authority: SDCL 34A-1-6 . 

Law Implemented: SDCL 34A-1-6, 34A-1-19. 

145 
74:36:08:12. National emission standards for gasoline distribution facilities (bulk • 

gasoline terminals and pipeline breakout stations). The national emission standards for 

gasoline distribution facilities (bulk gasoline terminals and pipeline breakout stations) are those 

in 40 C.F.R. § 63, Subpart R (July 1, 2009 July 1, 2009). 

' Source: 23 SDR 106, effective December 29, 1996; 25 SDR 123, effective April4, 1999; 

30 SDR 26, effective September 1, 2003; 31 SDR 101, effective January 2, 2005; 32 SDR 209, 

effective June 13, 2006; 33 SDR 217, effective June 13, 2007. 

General Authority: SDCL 34A-1-6. 

Law Implemented: SDCL 34A-l-6, 34A-1-19. 

74:36:08:13. National emission standards for halogenated solvent cleaning. The • 

national emission standards for halogenated solvent cleaning are those in 40 C.F.R. § 63, Subpart 

T (JHly 1, 2009 July l, 2009). All aTea solifoe that falls lHlder these reEfllirerB:6flts is aot reEtllired 

to sl:ibmit a Part 70 operatiag permit applioatioa lllltil Deo6Htl9er 9, 2005. Pd'l aTea solifoe Hl:liSt 

still meet the applioaf:Jle re(jmremeats ia 4 0 C.F .R. § 93, ~Mlpart T (July 1, 2009). An area source 

that operates a unit subject to Subpart T is exempt from the obligation to obtain a Part 70 

operating permit if the source is not required to obtain a Part 70 operating permit for a reason 

other than the source is subject to Subpart T. Exempted sources must still meet the applicable 

requirements in 40 C.F.R. § 93, Subpart T (JHly 1, 2009). 

• 

146 
• Source: 23 SDR 106, effective December 29, 1996; 25 SDR 123, effective April 4, 1999; 

26 SDR 168, effective June 27, 2000; 30 SDR 26, effective September 1, 2003; 31 SDR 101, 

effective January 2, 2005; 32 SDR 209, effective June 13, 2006; 33 SDR 217, effective June 13, 

2007. 

General Authority: SDCL 34A-1-6. 

Law Implemented: SDCL 34A-1-6, 34A-l-19. 

74:36:08:14. National emission standards for wood furniture manufacturing 

operations. The national emission standards for wood furniture manufacturing operations are 

those in 40 C.F.R. § 63, Subpart JJ (Jaly 1, 2006 July 1, 2009). 

• Source: 23 SDR 106, effective December 29, 1996; 25 SDR 123, effective April4, 1999; 

26 SDR 168, effective June 27, 2000; 30 SDR 26, effective September 1, 2003; 31 SDR 101, 

effective January 2, 2005; 32 SDR 209, effective June 13, 2006; 33 SDR 217, effective June 13, 

2007. 

General Authority: SDCL 34A-1-6. 

Law Implemented: SDCL 34A-1-6, 34A-1-19. 

74:36:08:15. National emission standards for aerospace manufacturing. The national 

emission standards for aerospace manufacturing are those in 40 C.F.R. § 63, Subpart GG (Jaly 1, 

2006 July 1, 2009) . 

• 

147 
Source: 23 SDR 106, effective December 29, 1996; 25 SDR 123, effective April4, 1999; • 

26 SDR 168, effective June 27, 2000; 30 SDR 26, effective September 1, 2003; 31 SDR 101, 

effective January 2, 2005; 32 SDR 209, effective June 13, 2006; 33 SDR 217, effective June 13, 

2007. 

General Authority: SDCL 34A-1-6. 

Law Implemented: SDCL 34A-1-6, 34A-1-19. 

74:36:08:16. National emission standards for tanks. The national emission standards 

for tanks -- level 1 are those in 40 C.P.R. §§ 93.999 ffi 63.997, iae1Hsive, (JHly 1, 2006) 

§ § 63.900 te 93.907, ieelusive, § 63, Subpart 00 (July 1, 2009). The national emission standards 

for tanks -- level 2 are those in 40 C.P.R. §§ 63.900 te 63.907, ieelusive, (July 1, 2006) 

§§ 63.900 te 63.907, iae1HsiYe, § 63, Subpart 00 (July l, 2009). 

Source: 25 SDR 123, effective April4, 1999; 30 SDR 26, effective September 1, 2003; 31 

SDR 101, effective January 2, 2005; 32 SDR 209, effective June 13, 2006; 33 SDR 217, 

effective June 13, 2007. 

General Authority: SDCL 34A-1-6. 

Law Implemented: SDCL34A-1-6, 34A-1-19. 

74:36:08:17. National emission standards for containers. The national emission 

standards for containers are those in 40 C.P.R. §§ 63.920 te 63.928, iaelusi>;e, (July 1, 2006) .§ 

63, Subpart PP (July 1, 2009). 

148 

• 

• 
• Source: 25 SDR 123, effective April4, 1999; 30 SDR 26, effective September 1, 2003; 31 

SDR 101, effective January 2, 2005; 32 SDR 209, effective June 13, 2006; 33 SDR 217, 

effective June 13, 2007. 

General Authority: SDCL 34A-1-6. 

Law Implemented: SDCL 34A-1-6, 34A-1-19. 

74:36:08:18. National emission standards for surface impoundments. The national 

emission standards for surface impoundments are those in 40 C.F.R. §§ 63.940 to 63.948, 

inellisive, (Jwy 1, 2006) § 63, Subpart 00 (July l, 2009). 

Source: 25 SDR 123, effective April4, 1999; 30 SDR 26, effective September 1, 2003; 31 

• SDR 101, effective January 2, 2005; 32 SDR 209, effective June 13, 2006; 33 SDR 217, 

effective June 13, 2007. 

General Authority: SDCL 34A-1-6. 

Law Implemented: SDCL 34A-1-6, 34A-1-19. 

74:36:08:19. National emission standards for individual drain systems. The national 

emission standards for individual drain systems are those in 40 C.F .R. § § 63.960 to 63.966, 

inellisive, (Jblly 1, 2006) § 63, Subpart RR (July 1, 2009). 

Source: 25 SDR 123, effective April4, 1999; 30 SDR 26, effective September 1, 2003; 31 

SDR 101, effective January 2, 2005; 32 SDR 209, effective June 13, 2006; 33 SDR 217, 

• effective June 13, 2007. 

149 
General Authority: SDCL 34A-1-6. 

Law Implemented: SDCL 34A-1-6, 34A-1-19. 

74:36:08:20. National emission standards for oil-water separators and organic-water 

separators. The national emission standards for oil-water separators and organic-water 

separators are those in 40 C.P.R. §§ 63.1040 to 63.1049, ieelusive, (July 1, 2006) § 63. Subpart 

VV (July 1, 2009). 

Source: 25 SDR 123, effective April4, 1999; 30 SDR 26, effective September 1, 2003; 31 

SDR 101, effective January 2, 2005; 32 SDR 209, effective June 13, 2006; 33 SDR 217, 

effective June 13, 2007. 

General Authority: SDCL 34A-1-6. 

Law Implemented: SDCL 34A-1-6, 34A-1-19. 

74:36:08:20.01. National emission standards for closed vent systems, control devices, 

recovery devices, and routing to a fuel gas system or a process. The national emission 

standards for closed vent systems, control devices, recovery devices, and routing to a fuel gas 

system or a process are those in 40 C.P.R. §§ 63.980 to 63.999, ieelusive, (July 1, 2006) .§_§J_,_ 

Subpart SS (July 1, 2009). 

Source: 30 SDR 26, effective September 1, 2003; 31 SDR 101, effective January 2, 2005; 

32 SDR 209, effective June 13, 2006; 33 SDR 217, effective June 13, 2007. 

General Authority: SDCL 34A-1-6. 

150 

• 

• 

• 
• 

• 

• 

Law Implemented: SDCL 34A-l-6, 34A-1-19. 

74:36:08:20.02. National emission standards for equipment leaks. The national 

emission standards for equipment leaks -- control level 1 are those in 40 C.F.R. §§ 63.1000 te 

63.1018, ieeh:1sive, (Ja-ly 1, 2006) § 63, Subpart TT (July 1, 2009). The national emission 

standards for equipment leaks-- controllevel2 are those in 40 C.F.R. § 63, Subpart UU (Ja-ly 1, 

2006 July 1, 2009). 

Source: 30 SDR 26, effective September 1, 2003; 31 SDR 101, effective January 2, 2005; 

32 SDR 209, effective June 13, 2006; 33 SDR 217, effective June 13, 2007. 

General Authority: SDCL 34A-1-6 . 

Law Implemented: SDCL 34A-1-6, 34A-1-19. 

74:36:08:21. National emission standards for hazardous air pollutants from the 

portland cement manufacturing industry. The national emission standards for the portland 

cement manufacturing industry are those in 40 C.F.R. § 63, Subpart LLL (Ja-ly 1, 2006 July 1, 

2009). 

Source: 26 SDR 168, effective June 27, 2000; 30 SDR 26, effective September 1, 2003; 31 

SDR 101, effective January 2, 2005; 32 SDR 209, effective June 13, 2006; 33 SDR 217, 

effective June 13, 2007. 

General Authority: SDCL 34A-1-6 . 

Law Implemented: SDCL 34A-l-6, 34A-1-19. 

151 
74:36:08:22. National emission standards for hazardous air pollutants for pesticide 

active ingredient production. The national emission standards for pesticide active ingredient 

production are those in 40 C.F.R. § 63, Subpart MMM (Jaly 1, 2009 July l, 2009). 

Source: 26 SDR 168, effective June 27, 2000; 30 SDR 26, effective September 1, 2003; 31 

SDR 101, effective January 2, 2005; 32 SDR 209, effective June 13, 2006; 33 SDR 217, 

effective June 13, 2007. 

General Authority: SDCL 34A-1-6. 

Law Implemented: SDCL 34A-1-6, 34A-1-19. 

• 

74:36:08:23. National emission standards for the printing and publishing industry. • 

The national emission standards for the printing and publishing industry are those in 40 C.F.R. 

§ 63, Subpart KK (July 1, 2009 July 1, 2009). 

Source: 26 SDR 168, effective June 27, 2000; 30 SDR 26, effective September 1, 2003; 31 

SDR 101, effective January 2, 2005; 32 SDR 209, effective June 13, 2006; 33 SDR 217, 

effective June 13, 2007. 

General Authority: SDCL 34A-1-6. 

Law Implemented: SDCL 34A-1-6, 34A-1-19. 

74:36:08:24. National emission standards for oil and natural gas production 

facilities. The national emission standards for oil and natural gas production facilities are those 

152 

• 
• in 40 C.F.R. § 63, Subpart HH (lwy 1, 2009 July l, 2009). A source that operates a unit subject 

to Subpart HH is exempt from the obligation to obtain a Part 70 operating permit if the unit is not 

• 

• 

required to install controls and if the source is not required to obtain a Part 70 operating permit 

for a reason other than the source is subject to Subpart HH. Exempted sources must still meet 

the applicable requirements in Subpart HH. 

Source: 30 SDR 26, effective September 1, 2003; 31 SDR 101, effective January 2, 2005; 

32 SDR 209, effective June 13, 2006; 33 SDR 217, effective June 13,2007. 

General Authority: SDCL 34A-1-6. 

Law Implemented: SDCL 34A-l-6, 34A-1-19 . 

74:36:08:25. National emission standards for natural gas transmission and storage 

facilities. The national emission standards for natural gas transmission and storage facilities are 

those in 40 C.F.R. § 63, Subpart HHH (Jwy 1, 2009 July 1, 2009). 

Source: 30 SDR 26, effective September 1, 2003; 31 SDR 101, effective January 2, 2005; 

32 SDR 209, effective June 13, 2006; 33 SDR 217, effective June 13, 2007. 

General Authority: SDCL 34A-1-6. 

Law Implemented: SDCL 34A-1-6, 34A-I-19. 

74:36:08:26. National emission standards for secondary aluminum production. The 

national emission standards for secondary aluminum production are those in 40 C.F.R. § 63, 

Subpart RRR (Jl:Hy 1, 2009 July 1, 2009). 

153 
Source: 30 SDR 26, effective September 1, 2003; 31 SDR 101, effective January 2, 2005; 

32 SDR 209, effective June 13, 2006; 33 SDR 217, effective June 13,2007. 

General Authority: SDCL 34A-1-6. 

Law Implemented: SDCL 34A-1-6, 34A-1-19. 

74:36:08:27. National emission standards for publicly owned treatment works. The 

national emission standards for publicly owned treatment works are those in 40 C.F.R. § 63, 

Subpart VVV (July 1, 2009 July 1, 2009). 

Source: 30 SDR 26, effective September 1, 2003; 31 SDR 101, effective January 2, 2005; 

• 

32 SDR 209, effective June 13, 2006; 33 SDR 217, effective June 13, 2007. • 

General Authority: SDCL 34A-1-6. 

Law Implemented: SDCL 34A-1-6, 34A-1-19. 

74:36:08:28. National emission standards for solvent extraction for vegetable oil 

production. The national emission standards for solvent extraction of vegetable oil production 

are those in 40 C.F.R. §§ 93.2830 to 93.2872, iaelusive, (July 1, 2009) § 63, Subpart GGGG 

(July 1, 2009). 

Source: 30 SDR 26, effective September 1, 2003; 31 SDR 101, effective January 2, 2005; 

32 SDR 209, effective June 13, 2006; 33 SDR 217, effective June 13, 2007. 

General Authority: SDCL 34A-1-6. 

154 

• 
• 

• 

• 

Law Implemented: SDCL 34A-1-6, 34A-l-19. 

74:36:08:29. National emission standards for paper and other web coating. The 

national emission standards for paper and other web coating are those in 40 C.P.R. § § 63.3280 to 

63.3420, iaeh:Isive, (Jl:lly 1, 2006) § 63, Subpart JJJJ (July 1, 2009). 

Source: 30 SDR 26, effective September 1, 2003; 31 SDR 101, effective January 2, 2005; 

32 SDR 209, effective June 13, 2006; 33 SDR 217, effective June 13, 2007. 

General Authority: SDCL 34A-1-6. 

Law Implemented: SDCL 34A-1-6, 34A-1-19 . 

74:36:08:30. National emission standards for municipal solid waste landfills. The 

national emission standards for municipal solid waste landfills are those in 40 C.P.R. §§ 63.1930 

to 63.1990, iaelusive, (July 1, 2006) § 63, Subpart AAAA (July 1, 2009). 

Source: 30 SDR 26, effective September 1, 2003; 31 SDR 101, effective January 2, 2005; 

32 SDR 209, effective June 13, 2006; 33 SDR 217, effective June 13, 2007. 

General Authority: SDCL 34A-l-6. 

Law Implemented: SDCL 34A-1-6, 34A-1-19. 

74:36:08:31. National emission standards for surface coating of metal furniture. The 

national emission standards for surface coating of metal furniture are those in 40 C.P.R . 

§§ 63.4880 to 63.4981, iaelusive, (July 1, 2006) § 63, Subpart RRRR (July 1, 2009). 

155 
Source: 31 SDR 101, effective January 2, 2005; 32 SDR 209, effective June 13, 2006; 33 

SDR 217, effective June 13,2007. 

General Authority: SDCL 34A-1-6. 

Law Implemented: SDCL 34A-1-6, 34A-l-19. 

74:36:08:32. National emission standards for integrated iron and steel 

manufacturing facilities. The national emission standards for integrated iron and steel 

manufacturing are those in 40 C.P.R. §§ 63.7780 to 63.7852, iReffisive, (July 1, 2006) i..Ql, 

Subpart PPPPP (July 1. 2009). 

• 

Source: 31 SDR 101, effective January 2, 2005; 32 SDR 209, effective June 13, 2006; 33 • 

SDR 217, effective June 13, 2007. 

General Authority: SDCL 34A-1-6. 

Law Implemented: SDCL 34A-1-6, 34A-l-19. 

74:36:08:33. National emission standards for brick and structural clay products 

manufacturing. The national emission standards for brick and structural clay products 

manufacturing are those in 40 C.P.R. §§ 83.8380 to 83.8515, iRelasive, (Jl:lly 1, 2008) i..§l, 

Subpart JJJJJ (July 1, 2009). 

Source: 31 SDR 101, effective January 2, 2005; 32 SDR 209, effective June 13, 2006; 33 

SDR 217, effective June 13,2007. 

156 

• 
• 

• 

• 

General Authority: SDCL 34A-1-6. 

Law Implemented: SDCL 34A-1-6, 34A-1-19. 

74:36:08:34. National emission standards for asphalt processing and asphalt roofmg 

manufacturing. The national emission standards for asphalt processing and asphalt roofing 

manufacturing are those in 40 C.F.R. §§ 63.8680 te 63.8698, iRelusive, (July 1, 2006) .§.....2.1. 

Subpart LLLLL (July 1, 2009). 

Source: 31 SDR 101, effective January 2, 2005; 32 SDR 209, effective June 13, 2006; 33 

SDR 217, effective June 13, 2007. 

General Authority: SDCL 34A-1-6 . 

Law Implemented: SDCL 34A-1-6, 34A-1-19. 

74:36:08:35. National emission standards for flexible polyurethane foam fabrication 

operations. The national emission standards for flexible polyurethane foam fabrication 

operations are those in 40 C.F.R. §§ 63.8780 te 63.8830, iRelusive, (July 1, 2006) § 63, Subpart 

MMMMM (July 1, 2009). 

Source: 31 SDR 101, effective January 2, 2005; 32 SDR 209, effective June 13, 2006; 33 

SDR 217, effective June 13,2007. 

General Authority: SDCL 34A-1-6. 

Law Implemented: SDCL 34A-1-6, 34A-1-19 . 

157 
74:36:08:36. National emission standards for engine test cells/stands. The national • 

emission standards for engine test cells/stands are those in 40 C.P.R. §§ 63.9280 to 63.9375, 

ineffisive, (J1:1ly 1, 2006) § 63, Subpart PPPPP (July l, 2009). 

Source: 31 SDR 101, effective January 2, 2005; 32 SDR 209, effective June 13, 2006; 33 

SDR 217, effective June 13, 2007. 

General Authority: SDCL 34A-1-6. 

Law Implemented: SDCL 34A-1-6, 34A-1-19. 

74:36:08:37. National emission standards for surface coating of miscellaneous metal 

parts and products. The national emission standards for surface coating of miscellaneous metal 

parts and products as published in 40 C.P.R.§§ 63.3880 to 63.3981, inel1:1sive, (J1:1ly 1, 2006) .§. • 

63, Subpart MMMM (July l, 2009). 

Source: 31 SDR 101, effective January 2, 2005; 32 SDR 209, effective June 13, 2006; 33 

SDR 217, effective June 13, 2007. 

General Authority: SDCL 34A-1-6. 

Law Implemented: SDCL 34A-1-6, 34A-1-19. 

74:36:08:38. National emission standards for reinforced plastic composites 

production. The national emission standards for reinforced plastic composites production are 

those in 40 C.P.R. §§ 63.5780 te 63.5935, inelusive, (July 1, 2006) § 63, Subpart WWWW (July 

1, 2009). • 

158 
• 

• 

• 

Source: 32 SDR 209, effective June 13, 2006; 33 SDR 217, effective June 13, 2007. 

General Authority: SDCL 34A-l-6. 

Law Implemented: SDCL 34A-l-6, 34A-l-19. 

74:36:08:39. National emission standards for stationary combustion turbines. The 

national emission standards for stationary combustion turbines are those in 40 C.F .R. § § 63.6080 

to 63.6175, inelusive, (July 1, 2006) § 63, Subpart YYYY (July 1, 2009). 

Source: 32 SDR 209, effective June 13, 2006; 33 SDR 217, effective June 13, 2007. 

General Authority: SDCL 34A-l-6 . 

Law Implemented: SDCL 34A-l-6, 34A-l-19. 

74:36:08:40. National emission standards for stationary reciprocating internal 

combustion engines. The national emission standards for stationary reciprocating internal 

combustion engines are those in 40 C.F.R. §§ 63.6580 to 63.6675, inelusi•,ze, (July 1, 2006) .§._§l,_ 

Subpart ZZZZ (July 1, 2009). 

Source: 32 SDR 209, effective June 13, 2006; 33 SDR 217, effective June 13, 2007. 

General Authority: SDCL 34A-1-6. 

Law Implemented: SDCL 34A-l-6, 34A-l-19 . 

159 
74:36:08:41. National emission standards for industrial, commercial, and • 

institutional boilers and process heaters. The national emission standards for industrial, 

commercial, and institutional boilers and process heaters are those in 40 C.F.R. §§ 93.7480 to 

93.7590, iaelus-We, (J=a!y 1, 2009) § 63, Subpart DDDDD (July 1, 2009). 

Source: 32 SDR 209, effective June 13, 2006; 33 SDR 217, effective June 13, 2007. 

General Authority: SDCL 34A-1-6. 

Law Implemented: SDCL 34A-l-6, 34A-1-19. 

74:36:08:42. National emission standards for polyvinyl chloride and copolymers 

production. The national emission standards for polyvinyl chloride and copolymers production 

are those in 40 C.F.R. §§ 93.210 to 93.217, il'Wkisi-ve, (Jlfly 1, 2009) § 63, Subpart J (July 1, • 

2009). 

Source: 33 SDR 217, effective June 13, 2007. 

General Authority: SDCL 34A-1-6. 

Law Implemented: SDCL 34A-1-18. 

74:36:08:43. National emission standards for coke oven batteries. The national 

emission standards for coke oven batteries are those in 40 C.F.R. § 63, Subpart L, (Jlfly 1, 2009 

July 1, 2009). 

Source: 33 SDR 217, effective June 13, 2007. • 

160 
• 

• 

• 

General Authority: SDCL 34A-l-6. 

Law Implemented: SDCL 34A-l-18. 

74:36:08:44. National emission standards for pulp and paper industry. The national 

emission standards for pulp and paper industry are those in 40 C.P.R. § 63, SubpartS, (July 1, 

~July 1, 2009). 

Source: 33 SDR 217, effective June 13, 2007. 

General Authority: SDCL 34A-l-6. 

Law Implemented: SDCL 34A-1-18 . 

74:36:08:45. National emission standards for group I polymers and resins. The 

national emission standards for group I polymers and resins are those in 40 C.P.R. § 63, Subpart 

U, (July 1, 2006 July 1, 2009). 

Source: 33 SDR 217, effective June 13,2007. 

General Authority: SDCL 34A-1-6. 

Law Implemented: SDCL 34A-1-18. 

74:36:08:46. National emission standards for epoxy resins production and non-nylon 

polyamides production. The national emission standards for epoxy resins production and nonnylon polyamides production are those in 40 C.P.R. § 63, Subpart W, (July 1, 2006 July 1, 2009) . 

161 
Source: 33 SDR 217, effective June 13,2007. 

General Authority: SDCL 34A-l-6. 

Law Implemented: SDCL 34A-l-18. 

74:36:08:47. National emission standards for secondary lead smelting. The national 

emission standards for secondary lead smelting are those in 40 C.F.R. §§ 63.541 to 63.551, 

ffiekisive, (J1:i-ly 1, 2QQ6) § 63, Subpart X (July 1, 2009). 

Source: 33 SDR 217, effective June 13, 2007. 

General Authority: SDCL 34A-1-6. 

Law Implemented: SDCL 34A-1-18. 

74:36:08:48. National emission standards for phosphoric acid manufacturing plants. 

The national emission standards for phosphoric acid manufacturing plants are those in 40 C.F.R. 

§ 63, Subpart AA (July 1, 2QQ6 July l, 2009). 

Source: 33 SDR 217, effective June 13, 2007. 

General Authority: SDCL 34A-1-6. 

Law Implemented: SDCL 34A-1-18. 

74:36:08:49. National emission standards for phosphate fertilizers production plants. 

The national emission standards for phosphate fertilizers production plants are those in 40 C.F.R . 

§ 63, Subpart BB (J1:i-ly 1, 2QQ6 July l, 2009). 

162 

• 

• 

• 
• 

• 

• 

Source: 33 SDR 217, effective June 13, 2007. 

General Authority: SDCL 34A-1-6. 

Law Implemented: SDCL 34A-1-18. 

74:36:08:50. National emission standards for petroleum refmeries. The national 

emission standards for petroleum refineries are those in 40 C.F.R. § 63, Subpart CC (July 1, 2009 

July 1, 2009). 

Source: 33 SDR 217, effective June 13, 2007. 

General Authority: SDCL 34A-1-6 . 

Law Implemented: SDCL 34A-1-18. 

74:36:08:51. National emission standards for off-site waste and recovery operations. 

The national emission standards for off-site waste and recovery operations are those in 40 C.F.R. 

§ 63, Subpart DD (July 1, 2009 July 1, 2009). 

Source: 33 SDR 217, effective June 13, 2007. 

General Authority: SDCL 34A-1-6. 

Law Implemented: SDCL 34A-l-18 . 

163 
74:36:08:52. National emission standards for magnetic tape manufacturing • 

operations. The national emission standards for magnetic tape manufacturing operations are 

those in 40 C.P.R.§ 63, Subpart EE (Jaly 1, 2006 July l, 2009). 

Source: 33 SDR 217, effective June 13, 2007. 

General Authority: SDCL 34A-1-6. 

Law Implemented: SDCL 34A-1-18. 

74:36:08:53. National emission standards for primary aluminum reduction plants. 

The national emission standards for primary aluminum reduction plants are those in 40 C.P.R. 

§ 63, Subpart LL (Ally 1, 2006 July l, 2009). 

Source: 33 SDR 217, effective June 13, 2007. 

General Authority: SDCL 34A-1-6. 

Law Implemented: SDCL 34A-1-18. 

74:36:08:54. National emission standards for chemical recovery combustion sources 

at kraft, soda, sulfite, and stand-alone semichemical pulp mills. The national emission 

standards for chemical recovery combustion sources at kraft, soda, sulfite, and stand-alone 

semichemical pulp mills are those in 40 C.P.R.§ 63, Subpart MM (Jffiy 1, 2006 July 1, 2009). 

Source: 33 SDR 217, effective June 13, 2007. 

General Authority: SDCL 34A-1-6. 

164 

• 

• 
• 

• 

• 

Law Implemented: SDCL 34A-l-18. 

74:36:08:55. National emission standards for ethylene manufacturing process units--

Heat exchange systems and waste operations. The national emission standards for heat 

exchange systems and waste operations are those in 40 C.F.R. § 63, Subpart XX (hlly 1, 2006 

July 1, 2009). 

Source: 33 SDR 217, effective June 13, 2007. 

General Authority: SDCL 34A-1-6. 

Law Implemented: SDCL 34A-1-18 . 

74:36:08:56. Generic maximum achievable control technology standards. The generic 

maximum achievable control technology standards are those in 40 C.F .R. § § 63.1100 to 63.1114, 

inclusive, (July 1, 2006) § 63, Subpart YY (July 1, 2009). 

Source: 33 SDR 217, effective June 13, 2007. 

General Authority: SDCL 34A-1-6. 

Law Implemented: SDCL 34A-1-18. 

74:36:08:57. National emission standards for steel pickling -- HCl process facilities 

and hydrochloric acid regeneration plants. The national emission standards for HC1 process 

facilities and hydrochloric acid regeneration plants are those in 40 C.F.R. § 63, Subpart CCC 

(July 1, 2006 July 1, 2009). 

165 
Source: 33 SDR 217, effective June 13, 2007. 

General Authority: SDCL 34A-1-6. 

Law Implemented: SDCL 34A-1-18. 

74:36:08:58. National emission standards for mineral wool production. The national 

emission standards for mineral wool production are those in 40 C.F.R. § 63, Subpart DDD (My 

1, 2006 July 1, 2009). 

Source: 33 SDR 217, effective June 13,2007. 

General Authority: SDCL 34A-l-6. 

Law Implemented: SDCL 34A-l-18. 

74:36:08:59. National emission standards for hazardous waste combusters. The 

national emission standards for hazardous waste combusters are those in 40 C.F.R. § 63, Subpart 

EEE (Ally 1, 2006 July 1, 2009). 

Source: 33 SDR 217, effective June 13,2007. 

General Authority: SDCL 34A-l-6. 

Law Implemented: SDCL 34A-l-18. 

166 

• 

• 

• 
• 

• 

• 

74:36:08:60. National emission standards for pharmaceutical production. The 

national emission standards for pharmaceutical production are those in 40 C.F.R. § 63, Subpart 

GGG (hdy 1, 2006 July 1, 2009). 

Source: 33 SDR 217, effective June 13, 2007. 

General Authority: SDCL 34A-1-6. 

Law Implemented: SDCL 34A-1-18. 

74:36:08:61. National emission standards for group IV polymers and resins. The 

national emission standards for group N polymers and resins are those in 40 C.F.R. § 63, 

Subpart JJJ (July 1, 2006 July 1, 2009) . 

Source: 33 SDR 217, effective June 13, 2007. 

General Authority: SDCL 34A-1-6. 

Law Implemented: SDCL 34A-1-18. 

74:36:08:62. National emission standards for wool fiberglass production. The national 

emission standards for wool fiberglass production are those in 40 C.P.R. § 63, Subpart NNN 

(July 1, 2006 July 1, 2009). 

Source: 33 SDR 217, effective June 13, 2007. 

General Authority: SDCL 34A-1-6 . 

Law Implemented: SDCL 34A-1-18. 

167 
74:36:08:63. National emission standards for manufacture of amino/phenolic resins. 

The national emission standards for the manufacture of amino/phenolic resins are those in 40 

C.F.R. § 63, Subpart 000 (Jaly I, 2006 July 1, 2009). 

Source: 33 SDR 217, effective June 13, 2007. 

General Authority: SDCL 34A-1-6. 

Law Implemented: SDCL 34A-1-18. 

74:36:08:64. National emission standards for polyether polyols production. The 

national emission standards for polyether polyols production are those in 40 C.F.R. § 63, Subpart 

PPP (July I, 2006 July 1, 2009). 

Source: 33 SDR 217, effective June 13,2007. 

General Authority: SDCL 34A-1-6. 

Law Implemented: SDCL 34A-1-18. 

74:36:08:65. National emission standards for primary copper smelting. The national 

emission standards for primary copper smelting are those in 40 C.F.R. § 63, Subpart QQQ (July 

I, 2006 July 1, 2009). 

Source: 33 SDR 217, effective June 13, 2007. 

General Authority: SDCL 34A-1-6. 

168 

• 

• 

• 
• Law Implemented: SDCL 34A-l-18. 

74:36:08:66. National emission standards for primary lead smelting. The national 

emission standards for primary lead smelting are those in 40 C.F.R. § 63, Subpart TTT (l1:1ly 1, 

~July I. 2009). 

Source: 33 SDR 217, effective June 13, 2007. 

General Authority: SDCL 34A-l-6. 

Law Implemented: SDCL 34A-l-18. 

74:36:08:67. National emission standards for petroleum refmeries -- Catalytic 

• cracking, catalytic reforming, and sulfur recovery units. The national emission standards for 

catalytic cracking, catalytic reforming, and sulfur recovery units at petroleum refineries are those 

in 40 C.F.R. § 63, Subpart UUU (July 1, 2006 July I, 2009). 

Source: 33 SDR 217, effective June 13,2007. 

General Authority: SDCL 34A-l-6. 

Law Implemented: SDCL 34A-l-18. 

74:36:08:68. National emission standards for ferroalloy production 

Ferromanganese and silicomanganese. The national emission standards for ferromanganese 

and silicomanganese production are those in 40 C.F.R. § 63, Subpart XXX (fuly 1, 2006 July I, 

• 2009). 

169 
Source: 33 SDR 217, effective June 13,2007. 

General Authority: SDCL 34A-1-6. 

Law Implemented: SDCL 34A-1-18. 

74:36:08:69. National emission standards for the manufacture of nutritional yeast. 

The national emission standards for the manufacture of nutritional yeast are those in 40 C.F.R. 

§ 63, Subpart ecce (Jaly 1, 2006 July 1, 2009). 

Source: 33 SDR 217, effective June 13, 2007. 

General Authority: SDCL 34A-l-6. 

Law Implemented: SDCL 34A-l-18. 

74:36:08:70. National emission standards for plywood and composite wood products. 

The national emission standards for plywood and composite wood products are those in 40 

C.F.R. § 63, Subpart DDDD (Jaly 1, 2006 July 1, 2009). 

Source: 33 SDR 217, effective June 13,2007. 

General Authority: SDCL 34A-l-6. 

Law Implemented: SDCL 34A-1-18. 

170 

• 

• 

• 
• 

• 

• 

74:36:08:71. National emission standards for non-gasoline organic liquids 

distribution. The national emission standards for non-gasoline organic liquids distribution are 

those in 40 C.F.R. § 63, Subpart EEEE (July 1, 2006 July I, 2009). 

Source: 33 SDR 217, effective June 13,2007. 

General Authority: SDCL 34A-1-6. 

Law Implemented: SDCL 34A-1-18. 

74:36:08:72. National emission standards for miscellaneous organic chemical 

manufacturing. The national emission standards for miscellaneous organic chemical 

manufacturing are those in 40 C.F.R. § 63, Subpart FFFF (Jwy 1, 2006 July 1, 2009) . 

Source: 33 SDR 217, effective June 13, 2007. 

General Authority: SDCL 34A-1-6. 

Law Implemented: SDCL 34A-1-18. 

74:36:08:73. National emission standards for wet-formed fiberglass mat production. 

The national emission standards for wet-formed fiberglass mat production are those in 40 C.F.R. 

§ 63, Subpart HHHH (Jwy 1, 2006 July 1, 2009). 

Source: 33 SDR 217, effective June 13, 2007. 

General Authority: SDCL 34A-1-6 . 

Law Implemented: SDCL 34A-1-18. 

171 
74:36:08:74. National emission standards for surface coating of automobiles and 

light duty trucks. The national emission standards for surface coating of automobiles and light 

duty trucks are those in 40 C.F.R. § 63, Subpart IIII (July 1, 2006 July 1, 2009). 

Source: 33 SDR 217, effective June 13, 2007. 

General Authority: SDCL 34A-1-6. 

Law Implemented: SDCL 34A-1-18. 

74:36:08:75. National emission standards for surface coating of metal cans. The 

national emission standards for surface coating of metal cans are those in 40 C.F .R. § 63, Subpart 

KKKK (July 1, 2006 July 1, 2009). 

Source: 33 SDR 217, effective June 13, 2007. 

General Authority: SDCL 34A-l-6. 

Law Implemented: SDCL 34A-1-18. 

74:36:08:76. National emission standards for surface coating of large appliances. The 

national emission standards for surface coating of large appliances are those in 40 C.F.R. § 63, 

Subpart NNNN (July 1, 2006 July 1, 2009). 

Source: 33 SDR 217, effective June 13,2007. 

General Authority: SDCL 34A-1-6. 

172 

• 

• 

• 
• Law Implemented: SDCL 34A-1-18. 

74:36:08:77. National emission standards for printing, coating, and dyeing of fabrics 

and other textiles. The national emission standards for printing, coating, and dyeing of fabrics 

and other textiles are those in 40 C.F.R. § 63, Subpart 0000 (July 1, 2006 July I, 2009). 

Source: 33 SDR 217, effective June 13,2007. 

General Authority: SDCL 34A-1-6. 

Law Implemented: SDCL 34A-1-18. 

74:36:08:78. National emission standards for surface coating of plastic parts and 

• products. The national emission standards for surface coating of plastic parts and products are 

those in 40 C.F.R. § 63, Subpart PPPP (July 1, 2006 July 1, 2009). 

Source: 33 SDR 217, effective June 13, 2007. 

General Authority: SDCL 34A-1-6. 

Law Implemented: SDCL 34A-1-18. 

74:36:08:79. National emission standards for surface coating of wood building 

products. The national emission standards for surface coating of wood building products are 

those in 40 C.F.R. § 63, Subpart QQQQ (July 1, 2006 July 1, 2009) . 

• Source: 33 SDR 217, effective June 13, 2007. 

173 
General Authority: SDCL 34A-l-6. 

Law Implemented: SDCL 34A-l-18. 

74:36:08:80. National emission standards for surface coating of metal coil. The 

national emission standards for surface coating of metal coil are those in 40 C.P.R. § 63, Subpart 

SSSS (July 1, 2006 July 1, 2009). 

Source: 33 SDR 217, effective June 13, 2007. 

General Authority: SDCL 34A-l-6. 

Law Implemented: SDCL 34A-1-18. 

• 

74:36:08:81. National emission standards for leather finishing operations. The • 

national emission standards for leather finishing operations are those in 40 C.P.R. § 63, Subpart 

TTTT (.My 1, 2006 July 1, 2009). 

Source: 33 SDR 217, effective June 13, 2007. 

General Authority: SDCL 34A-l-6. 

Law Implemented: SDCL 34A-l-18. 

74:36:08:82. National emission standards for cellulose products manufacturing. The 

national emission standards for cellulose products manufacturing are those in 40 C.P.R. § 63, 

Subpart UUUU (July 1, 2006 July 1, 2009). 

174 

• 
• 

• 

• 

Source: 33 SDR 217, effective June 13, 2007. 

General Authority: SDCL 34A-1-6. 

Law Implemented: SDCL 34A-1-18. 

74:36:08:83. National emission standards for boat manufacturing. The national 

emission standards for boat manufacturing are those in 40 C.F.R. § 63, Subpart VVVV (Jblly 1, 

~July l, 2009). 

Source: 33 SDR 217, effective June 13, 2007. 

General Authority: SDCL 34A-1-6. 

Law Implemented: SDCL 34A-1-18 . 

74:36:08:84. National emission standards for rubber tire manufacturing. The national 

emission standards for rubber tire manufacturing are those in 40 C.F.R. § 63, Subpart XXXX 

(Jblly 1, 2006 July 1, 2009). 

Source: 33 SDR 217, effective June 13, 2007. 

General Authority: SDCL 34A-1-6. 

Law Implemented: SDCL 34A-1-18. 

74:36:08:85. National emission standards for lime manufacturing plants. The national 

emission standards for lime manufacturing plants are those in 40 C.F.R. § 63, Subpart AAAAA 

(Jaly I, 2006 July 1, 2009). 

175 
Source: 33 SDR 217, effective June 13,2007. 

General Authority: SDCL 34A-1-6. 

Law Implemented: SDCL 34A-1-18. 

74:36:08:86. National emission standards for semiconductor manufacturing. The 

national emission standards for semiconductor manufacturing are those in 40 C.F.R. § 63, 

Subpart BBBBB (July 1, 2006 July 1, 2009). 

Source: 33 SDR 217, effective June 13, 2007. 

General Authority: SDCL 34A-1-6. 

Law Implemented: SDCL 34A-1-18. 

74:36:08:87. National emission standards for coke ovens-- Pushing, quenching, and 

battery stacks. The national emission standards for coke ovens are those in 40 C.F.R. § 63, 

Subpart CCCCC (July 1, 2006 July 1, 2009). 

Source: 33 SDR 217, effective June 13, 2007. 

General Authority: SDCL 34A-l-6. 

Law Implemented: SDCL 34A-1-18. 

176 

• 

• 

• 
• 

• 

• 

74:36:08:88. National emission standards for iron and steel foundries. The national 

emission standards for iron and steel foundries are those in 40 C.P.R. § 63, Subpart EEEEE (My 

1, 2009 July 1, 2009). 

Source: 33 SDR 217, effective June 13, 2007. 

General Authority: SDCL 34A-1-6. 

Law Implemented: SDCL 34A-1-18. 

74:36:08:89. National emission standards for site remediation. The national emission 

standards for site remediation are those in 40 C.P.R.§ 63, Subpart GGGGG (July 1, 2009 July 1, 

2009) . 

Source: 33 SDR 217, effective June 13, 2007. 

General Authority: SDCL 34A-1-6. 

Law Implemented: SDCL 34A-1-18. 

74:36:08:90. National emission standards for miscellaneous coating manufacturing. 

The national emission standards for miscellaneous coating manufacturing are those in 40 C.P.R. 

§ 63, Subpart HHHHH (l1:1ly 1, 2009 July 1, 2009). 

Source: 33 SDR 217, effective June 13, 2007. 

General Authority: SDCL 34A-1-6 . 

Law Implemented: SDCL 34A-1-18. 

177 
74:36:08:91. National emission standards for mercury cell chlor-alkali plants. The 

national emission standards for mercury cell chlor-alkali plants are those in 40 C.P.R. § 63, 

Subpart IIIII (July 1, 2006 July 1, 2009). 

Source: 33 SDR 217, effective June 13,2007. 

General Authority: SDCL 34A-1-6. 

Law Implemented: SDCL 34A-1-18. 

74:36:08:92. National emission standards for clay ceramics manufacturing. The 

national emission standards for clay ceramics manufacturing are those in 40 C.P.R. § 63, Subpart 

KKKKK (Jaly 1, 2006 July 1, 2009). 

Source: 33 SDR 217, effective June 13, 2007. 

General Authority: SDCL 34A-1-6. 

Law Implemented: SDCL 34A-1-18. 

74:36:08:93. National emission standards for flexible polyurethane foam fabFieatiea 

apeFatiaas production. The national emission standards for flexible polyurethane foam 

faerieatioR OJ3eratioRs production are those in 40 C.F.R. § 63, Subpart MMMMM III (fuly 1, 

2006 July 1, 2009). 

Source: 33 SDR 217, effective June 13, 2007. 

178 

• 

• 

• 
• 

• 

• 

General Authority: SDCL 34A-l-6. 

Law Implemented: SDCL 34A-l-18. 

74:36:08:94. National emission standards for hydrochloric acid production. The 

national emission standards for hydrochloric acid production are those in 40 C.F.R. § 63, Subpart 

NNNNN (Jffiy 1, 2009 July 1, 2009). 

Source: 33 SDR 217, effective June 13, 2007. 

General Authority: SDCL 34A-l-6. 

Law Implemented: SDCL 34A-l-18 . 

74:36:08:95. National emission standards for friction materials manufacturing 

facilities. The national emission standards for friction materials manufacturing facilities are those 

in 40 C.F.R. § 63, Subpart QQQQQ (Jffiy 1, 2009 July 1, 2009). 

Source: 33 SDR 217, effective June 13,2007. 

General Authority: SDCL 34A-l-6. 

Law Implemented: SDCL 34A-l-18. 

74:36:08:96. National emission standards taconite iron ore processing. The national 

emission standards for taconite iron ore processing are those in 40 C.F.R. § 63, Subpart RRRRR 

(Jaly 1, 2009 July l, 2009) . 

179 
Source: 33 SDR 217, effective June 13,2007. 

General Authority: SDCL 34A-1-6. 

Law Implemented: SDCL 34A-1-18. 

74:36:08:97. National emission standards for refractory products manufacturing. 

The national emission standards for refractory products manufacturing are those in 40 C.P.R. 

§ 63, Subpart SSSSS (July 1, 2006 July 1, 2009). 

Source: 33 SDR 217, effective June 13,2007. 

General Authority: SDCL 34A-1-6. 

Law Implemented: SDCL 34A-1-18. 

74:36:08:98. National emission standards for primary magnesium refming. The 

national emission standards for primary magnesium refining are those in 40 C.P.R. § 63, Subpart 

TTTTT (July 1, 2006 July 1, 2009). 

Source: 33 SDR 217, effective June 13,2007. 

General Authority: SDCL 34A-l-6. 

Law Implemented: SDCL 34A-1-18. 

74:36:08:99. National emission standards for polyvinyl chloride and copolymers 

production area sources. The national emission standards for polyvinyl chloride and 

copolymers production area sources are those in 40 C.P.R. § 63, Subpart DDDDDD (July 1, 2006 

180 

• 

• 

• 
• July 1, 2009). A source that operates a unit subject to Subpart DDDDDD is exempt from the 

obligation to obtain a Part 70 operating permit if the source is not required to obtain a Part 70 

operating permit for a reason other than the source is subject to Subpart DDDDDD. Exempted 

sources must still meet the applicable requirements in Subpart DDDDDD. 

Source: 33 SDR 217, effective June 13,2007. 

General Authority: SDCL 34A-l-6. 

Law Implemented: SDCL 34A-l-18. 

74:36:08:100. National emission standards for primary copper smelting area sources. 

The national emission standards for primary copper smelting area sources are those in 40 C.F.R. 

• § 63, Subpart EEEEEE (Jl:Hy 1, 2006 July 1, 2009). 

Source: 33 SDR 217, effective June 13, 2007. 

General Authority: SDCL 34A-l-6. 

Law Implemented: SDCL 34A-l-18. 

74:36:08:101. National emission standards for secondary copper smelting area 

sources. The national emission standards for secondary copper smelting area sources are those in 

40 C.F.R. § 63, Subpart FFFFFF (Jaly 1, 2006 July 1, 2009). 

Source: 33 SDR 217, effective June 13, 2007 . 

• General Authority: SDCL 34A-l-6. 

181 
Law Implemented: SDCL 34A-l-18. 

74:36:08:102. National emission standards for primary nonferrous metals area 

sources -- Zinc, cadmium, and beryllium. The national emission standards for primary 

nonferrous metals area sources are those in 40 C.F.R. § 63, Subpart GGGGGG (July 1, 2006 July 

1, 2009). 

Source: 33 SDR 217, effective June 13, 2007. 

General Authority: SDCL 34A-l-6. 

Law Implemented: SDCL 34A-l-18. 

74:36:08:103. National emission standards for hospital ethylene oxide sterilizers. The 

national emission standards for hospital ethylene oxide sterilizers are those in 40 C.F.R. § 63, 

Subpart WWWWW (July 1, 2009). A source that operates a unit subject to Subpart WWWWW 

is exempt from the obligation to obtain a Part 70 operating permit if the source is not required to 

obtain a Part 70 operating permit for a reason other than the source is subject to Subpart 

WWWWW. Exempted sources must still meet the applicable requirements m Subpart 

wwwww. 

Source: 

General Authority: SDCL 34A-l-6. 

Law Implemented: SDCL 34A-l-18. 

182 

• 

• 

• 
• 74:36:08:104. National emission standards for electric arc furnace steelmaking 

facility area sources. The national emission standards for area sources - electric arc furnace 

steelmaking facilities are those in 40 C.P.R.§ 63, Subpart YYYYY (July 1, 2009). 

Source: 

General Authority: SDCL 34A-1-6. 

Law Implemented: SDCL 34A-1-18. 

74:36:08:105. National emission standards for iron and steel foundry area sources. 

The national emission standards for iron and steel foundry area sources are those in 40 C.P.R. 

§ 63, Subpart ZZZZZ (July l, 2009). A source that operates a unit subject to Subpart ZZZZZ is 

• exempt from the obligation to obtain a Part 70 operating permit if the source is not required to 

obtain a Part 70 operating permit for a reason other than the source is subject to Subpart ZZZZZ. 

• 

Exempted sources must still meet the applicable requirements in Subpart ZZZZZ. 

Source: 

General Authority: SDCL 34A-1-6. 

Law Implemented: SDCL 34A-1-18. 

74:36:08:106. National emission standards for gasoline distribution bulk terminals, 

bulk plants, and pipeline facilities. The national emission standards for gasoline distribution 

bulk terminals, bulk plants, and pipeline facilities are those in 40 C.P.R. § 63, Subpart BBBBBB 

(July 1, 2009). A source that operates a unit subject to Subpart BBBBBB is exempt from the 

183 
obligation to obtain a Part 70 operating permit if the source is not required to obtain a Part 70 • 

operating permit for a reason other than the source is subject to Subpart BBBBBB. Exempted 

sources must still meet the applicable requirements in Subpart BBBBBB. 

Source: 

General Authority: SDCL 34A-l-6. 

Law Implemented: SDCL 34A-1-18. 

74:36:08:107. National emission standards for gasoline dispensing facilities. The 

national emission standards for gasoline dispensing facilities are those in 40 C.F.R. § 63, Subpart 

CCCCCC (July l, 2009). A source that operates a unit subject to Subpart CCCCCC is exempt 

from the obligation to obtain a Part 70 operating permit if the source is not required to obtain a • 

Part 70 operating permit for a reason other than the source is subject to Subpart CCCCCC. 

Exempted sources must still meet the applicable requirements in Subpart CCCCCC. 

Source: 

General Authority: SDCL 34A-l-6. 

Law Implemented: SDCL 34A-1-18. 

74:36:08:108. National emission standards for paint stripping and miscellaneous 

surface coating area sources. The national emission standards for paint stripping and 

miscellaneous coating area sources are those in 40 C.F.R. § 63, Subpart HHHHHH (July 1, 

2009). A source that operates a unit subject to Subpart HHHHHH is exempt from the obligation 

184 

• 
• to obtain a Part 70 operating permit if the source is not required to obtain a Part 70 operating 

permit for a reason other than the source is subject to Subpart HHHHHH. Exempted sources 

must still meet the applicable requirements in Subpart HHHHHH. 

Source: 

General Authority: SDCL 34A-1-6. 

Law Implemented: SDCL 34A-1-18. 

74:36:08:109. National emission standards for acrylic and modacrylic fiber 

production area sources. The national emission standards for acrylic and modacrylic fiber 

production area sources are those in 40 C.F.R. § 63, Subpart LLLLLL (July 1, 2009). A source 

• that operates a unit subject to Subpart LLLLLL is exempt from the obligation to obtain a Part 70 

• 

operating permit if the source is not required to obtain a Part 70 operating permit for a reason 

other than the source is subject to Subpart LLLLLL. Exempted sources must still meet the 

applicable requirements in Subpart LLLLLL. 

Source: 

General Authority: SDCL 34A-1-6. 

Law Implemented: SDCL 34A-1-18. 

74:36:08:110. National emission standards for carbon black production area sources. 

The national emission standards for carbon black production area sources are those in 40 C.F.R . 

§ 63, Subpart MMMMMM (July l, 2009). 

185 
Source: 

General Authority: SDCL 34A-1-6. 

Law Implemented: SDCL 34A-1-18. 

74:36:08:111. National emission standards for chemical manufacturing area sources 

- chromium compounds. The national emission standards for chemical manufacturing area 

sources- chromium compounds are those in 40 C.F.R. § 63, Subpart NNNNNN (July 1, 2009). 

A source that operates a unit subject to Subpart NNNNNN is exempt from the obligation to 

obtain a Part 70 operating permit if the source is not required to obtain a Part 70 operating permit 

for a reason other than the source is subject to Subpart NNNNNN. Exempted sources must still 

meet the applicable requirements in Subpart NNNNNN. 

Source: 

General Authority: SDCL 34A-l-6. 

Law Implemented: SDCL 34A-l-18. 

74:36:08:112. National emission standards for flexible polyurethane foam production 

and fabrication area sources. The national emission standards for flexible polyurethane foam 

production and fabrication area sources are those in 40 C.F.R. § 63, Subpart 000000 (July 1, 

2009). A source that operates a unit subject to Subpart 000000 is exempt from the obligation 

to obtain a Part 70 operating permit if the source is not required to obtain a Part 70 operating 

186 

• 

• 

• 
• permit for a reason other than the source is subject to Subpart 000000. Exempted sources 

must still meet the applicable requirements in Subpart 000000. 

Source: 

General Authority: SDCL 34A-1-6. 

Law Implemented: SDCL 34A-1-18. 

74:36:08:113. National emission standards for lead acid battery manufacturing area 

sources. The national emission standards for lead acid battery manufacturing area sources are 

those in 40 C.P.R. § 63, Subpart PPPPPP (July 1, 2009). A source that operates a unit subject to 

Subpart PPPPPP is exempt from the obligation to obtain a Part 70 operating permit if the source 

• is not required to obtain a Part 70 operating permit for a reason other than the source is subject to 

Subpart PPPPPP. Exempted sources must still meet the applicable requirements in Subpart 

PPPPPP. 

Source: 

General Authority: SDCL 34A-1-6. 

Law Implemented: SDCL 34A-1-18. 

74:36:08:114. National emission standards for wood preserving area sources. The 

national emission standards for wood preserving area sources are those in 40 C.F.R. § 63, 

Subpart 000000 (July 1, 2009). A source that operates a unit subject to Subpart 000000 is 

• exempt from the obligation to obtain a Part 70 operating permit if the source is not required to 

187 
obtain a Part 70 operating permit for a reason other than the source is subject to Subpart • 

000000. Exempted sources must still meet the applicable requirements m Subpart 

000000. 

Source: 

General Authority: SDCL 34A-1-6. 

Law Implemented: SDCL 34A-1-18. 

74:36:08:115. National emission standards for clay ceramic manufacturing area 

sources. The national emission standards for clay ceramic manufacturing area sources are those 

in 40 C.F.R. § 63, Subpart RRRRRR (July 1, 2009). A source that operates a unit subject to 

Subpart RRRRRR is exempt from the obligation to obtain a Part 70 operating permit if the • 

source is not required to obtain a Part 70 operating permit for a reason other than the source is 

subject to Subpart RRRRRR. Exempted sources must still meet the applicable requirements in 

Subpart RRRRRR. 

Source: 

General Authority: SDCL 34A-1-6. 

Law Implemented: SDCL 34A-1-18, 

74:36:08:116. National emission standards for glass manufacturing area sources. The 

national emission standards for glass manufacturing area sources are those in 40 C.F.R. § 63, 

Subpart SSSSSS (July 1, 2009). 

188 

• 
• Source: 

General Authority: SDCL 34A-1-6. 

Law Implemented: SDCL 34A-1-18. 

74:36:08:117. National emission standards for secondary nonferrous metal 

processing area sources. The national emission standards for secondary nonferrous metal 

processing area sources are those in 40 C.P.R. § 63, Subpart TTTTTT (July 1, 2009). A source 

that operates a unit subject to Subpart TTTTTT is exempt from the obligation to obtain a Part 70 

operating permit if the source is not required to obtain a Part 70 operating permit for a reason 

other than the source is subject to Subpart TTTTTT. Exempted sources must still meet the 

• applicable requirements in Subpart TTTTTT. 

Source: 

General Authority: SDCL 34A-1-6. 

Law Implemented: SDCL 34A-1-18. 

74:36:08:118. National emission standards for plating and polishing area sources. 

The national emission standards for plating and polishing area sources are those in 40 C.F.R. 

§ 63, Subpart WWWWWW (July 1, 2009). A source that operates a unit subject to Subpart 

WWWWWW is exempt from the obligation to obtain a Part 70 operating permit if the source is 

not required to obtain a Part 70 operating permit for a reason other than the source is subject to 

• 

189 
Subpart WWWWWW. Exempted sources must still meet the applicable requirements in Subpart • 

wwwwww. 

Source: 

General Authority: SDCL 34A-1-6. 

Law Implemented: SDCL 34A-1-18. 

74:36:08:119. National emission standards for nine metal fabrication and finishing 

area sources. The national emission standards for nine fabrication and finishing area sources are 

those in 40 C.P.R. § 63. Subpart XXXXXX (July 1, 2009). A source that operates a unit subject 

to Subpart XXXXXX is exempt from the obligation to obtain a Part 70 operating permit if the 

source is not required to obtain a Part 70 operating permit for a reason other than the source is • 

subject to Subpart XXXXXX. Exempted sources must still meet the applicable requirements in 

Subpart XXXXXX. 

Source: 

General Authority: SDCL 34A-1-6. 

Law Implemented: SDCL 34A-1-18. 

74:36:08:120. National emission standards for ferroalloys production area sources. 

The national emission standards for ferroalloys production area sources are those in 40 C.P.R. 

§ 63, Subpart YYYYYY (July 1, 2009). A source that operates a unit subject to Subpart 

YYYYYY is exempt from the obligation to obtain a Part 70 operating permit if the source is not • 

190 
• required to obtain a Part 70 operating permit for a reason other than the source is subject to 

Subpart YYYYYY. Exempted sources must still meet the applicable requirements in Subpart 

YYYYYY. 

Source: 

General Authority: SDCL 34A-l-6. 

Law Implemented: SDCL 34A-l-18. 

74:36:08:121. National emission standards for aluminum, copper, and other 

nonferrous foundry area sources. The national emission standards for aluminum, copper, and 

other nonferrous foundry area sources are those in 40 C.F.R. § 63, Subpart ZZZZZZ (July 1, 

• 2009). A source that operates a unit subject to Subpart ZZZZZZ is exempt from the obligation to 

obtain a Part 70 operating permit if the source is not required to obtain a Part 70 operating permit 

for a reason other than the source is subject to Subpart ZZZZZZ. Exempted sources must still 

meet the applicable requirements in Subpart ZZZZZZ. 

Source: 

General Authority: SDCL 34A-1-6. 

Law Implemented: SDCL 34A-l-18. 

CHAPTER 74:36:09 

• 

191 
PREVENTION OF SIGNIFICANT DETERIORATION • 

Section 

74:36:09:01 Applicability. 

74:36:09:01.01 Prevention of significant deterioration permit required. 

74:36:09:02 Prevention of significant deterioration. 

74:36:09:03 Public participation. 

74:36:09:02. Prevention of significant deterioration. For the purposes of this chapter, 

the state's definitions and requirements for the prevention of significant deterioration are those in • 

40 C.F.R. § 52.21 (July I, 2005 July l, 2009), except for 40 C.F.R. § 52.21(a){l), (a)(2)(iv)(e), 

(a)(2)(vi), (b){2)(iii){h), (b)(3)(iii)(b), (b)(3)(vi)(d), (b){32), {b){42), (b)(55), (b){56), (b){57), 

(b)(58), (f), (q), (s), (t), (u), (x), (y), (z), and (cc) (July 1, 2005 July l, 2009) with the following 

differences: 

(1) For the purposes of this section, all terms defined in this section have the meaning 

defined in 40 C.F.R. § 52.21, except for the term "administrator" which means the secretary with 

the following exceptions: 

(a) In 40 C.F.R. §§ 52.21{b)(3)(iii) and 52.21(b)(37){iii), the term "administrator" 

means either the secretary or the administrator of EPA, as applicable; 

192 

• 
• (b) In 40 C.F.R. §§ 52.2l(w)(2) to 52.21(w)(4), inclusive, the term "administrator" 

means either the secretary or the administrator of EPA, as applicable; 

(c) In 40 C.F.R. §§ 52.2l(b)(17); 52.2l(b)(37)(i); 52.21(b)(43); 52.2l(b)(48)(ii)(c); 

52.21(b)(50)(i); 52.2l(g)(l) to 52.21(g)(6), inclusive; 52.21(1)(2); and 52.21(p)(2) the term 

"administrator" means the administrator of EPA; 

(2) For the purposes of this section, the term "Act" means the Clean Air Act; 

(3) For the purposes of this section, in 40 C.F.R. § 52.21(c), the Class I areas in South 

• Dakota are Wind Cave National Park and the Badlands National Park; 

(4) For the purposes of this section, 40 C.F.R § 52.21(a)(2)(iv)(f) is incorporated by 

reference excluding the last sentence which states, "For example, if a project involves both an 

existing emissions unit and a Clean Unit, the projected increase is determined by summing the 

values determined using the method specified in paragraph (a)(2)(iv)(c) of this section for the 

existing unit and using the method specified in paragraph (a)(2)(iv)(e) of this section for the 

Clean Unit"; 

(5) For the purposes of this section, 40 C.F.R. § 52.21(b)(2)(iii)(a) is incorporated by 

reference excluding the second sentence which states, "Routine maintenance, repair and 

• 

193 
replacement shall include, but not be limited to, any activity(s) that meets the requirements of the • 

equipment replacement provisions contained in paragraph (cc) of this section"; 

(6) For the purposes of this section, 40 C.F.R. § 52.21(r)(6) is incorporated by reference 

excluding the phrase, "(other than projects at a Clean Unit or at a source with a PAL)"; 

(7) For the purposes of this section, 40 C.F.R. § 52.21(v)(l) is incorporated by reference 

excluding the phrase, "under 40 CFR 124.1 0"; and 

(8) For the purposes of this section, 40 C.F.R. § 52.21(w)(l) is incorporated by reference 

excluding the phrase, "expires under paragraph (s) of this section or". 

The secretary shall transmit to the administrator of the EPA a copy of each permit • 

application subject to this section and shall notify the administrator of the EPA of each 

significant action the secretary takes on the application. 

Source: 19 SDR 157, effective April22, 1993; 21 SDR 119, effective January 5, 1995; 30 

SDR 26, effective September 1, 2003; 31 SDR 101, effective January 2, 2005; 33 SDR 43, 

effective September 18, 2006; 33 SDR 217, effective June 13,2007. 

General Authority: SDCL 34A-1-6, 34A-1-18. 

Law Implemented: SDCL 34A-l-18. 

• 

194 
• 74:36:09:03. Public participation. For the purposes of this chapter, the state's public 

participation procedures are those in 40 C.F.R. § 51.166(q) (lely 1, 2005 July 1, 2009), excluding 

the phrase "The plan shall provide that..." with the following differences: 

(1) For the purposes of this section, in 40 C.F.R. § 52.166(q) the phrase "reviewing 

authority" means the secretary; 

(2) For the purposes of this section, in 40 C.F.R. § 51.166(q)(l) the phrase "specified time 

period" means 60 days; 

(3) For the purposes of this section, in 40 C.F.R. § 51.166(q)(2)(iv), the term 

• "administrator" means the administrator ofEP A;· 

(4) For the purposes of this section, in 40 C.F.R. § 51.166(q)(2)(iii), the phrase "Notify the 

public" shall consist of a public notice once in a legal newspaper in the county where the 

proposed source would be constructed. The public notice shall include a statement that a person 

may submit comments or contest the draft permit within 30 days after the publication of the 

notice. The statement shall also describe the procedures a person must follow to contest the draft 

permit and request a hearing in accordance with article 74:09; 

(5) For the purposes of this section, in 40 C.F.R. § 51.166(q)(2)(v), a public hearing is 

required if a person contests the draft permit or contests the secretary's final determination and 

• requests a hearing in accordance with article 74:09; and 

195 
(6) For the purposes of this section, in 40 C.F.R. § 51.166(q)(2)(viii), if a request for a 

contested case hearing is not submitted during the public notice period, the secretary shall make a 

final determination within 30 days of the end of the public comment period on the draft permit. 

The secretary shall notify, in writing, the applicant and each person that submitted written 

comments or requested notice of the final determination. The notice shall include reference to the 

procedures for contesting the final determination and requesting a hearing in accordance with 

article 74:09 within 30 days of receiving the secretary's final determination. If no person 

comments on a draft permit, requests changes, or contests the draft permit during the public 

notice period, the draft permit automatically becomes the secretary's final determination and is 

issued at the end of the public notice period. 

Source: 33 SDR 43, effective September 18, 2006. 

General Authority: SDCL 34A-l-6, 34A-1-18. 

Law Implemented: SDCL 34A-1-18. 

CHAPTER 74:36:10 

NEW SOURCE REVIEW 

Section 

74:36:10:01 Applicability. 

196 

• 

• 

• 
• 

• 

• 

74:36:10:02 

74:36:10:03 

Definitions. 

Repealed. 

74:36:10:03.01 New source review preconstruction permit required. 

74:36:10:04 Repealed. 

74:36:10:05 New source review preconstruction permit. 

74:36:10:06 Causing or contributing to a violation of any national ambient air quality 

standard. 

Determining credit for emission offsets. 

Projected actual emissions. 

74:36:10:07 

74:36:10:08 

74:36:10:09 

74:36:10:10 

Clean unit test for emission units subject to lowest achievable emission rate. 

Clean unit test for emission units comparable to lowest achievable emission rate. 

74:36:10:02. Definitions. For the purposes of this chapter, the definitions for new source 

review are those in 40 C.P.R.§ 51.165(a)(l) (Jl:lly 1, 2003 July 1, 2009). 

For the purposes of this chapter, the term, Act, means the Clean Air Act. 

For the purposes of this section, the term, reviewing authority, means the secretary. 

Source: 19 SDR 157, effective April22, 1993; 21 SDR 119, effective January 5, 1995; 30 

SDR 26, effective September 1, 2003; 31 SDR 101, effective January 2, 2005 . 

General Authority: SDCL 34A-1-6. 

197 
Law Implemented: SDCL 34A-l-6. 

74:36:10:03.01. New source review preconstruction permit required. New maJor 

stationary sources or major modifications to existing major sources must obtain a preconstruction 

permit before beginning actual construction if they are located in the following areas: 

(1) An attainment or unclassified area if the source would cause or contribute to a 

violation of any national ambient air quality standard; or 

(2) An area designated nonattainment for any national ambient air quality standard if the 

source is major for the pollutant for which the area is designated nonattainment. 

Except as provided by a plant-wide applicability limit and a pollution control project 

exclusion, a proposed project is considered a major modification to an existing major source if 

the proposed project meets the criteria in 40 C.P.R. § 51.165(a)(2)(ii)(A) to (F), inclusive, (,My 

1, 2003 July 1, 2009). 

Source: 30 SDR 26, effective September 1, 2003; 31 SDR 101, effective January 2, 2005. 

General Authority: SDCL 34A-1-6, 34A-l-21. 

Law Implemented: SDCL 34A-l-6, 34A-l-21. 

Note: The procedural requirements for obtaining a preconstruction permit under the new 

source review program are similar to the procedural requirements for a Part 70 source, such as a 

198 

• 

• 

• 
• timely and complete application, completeness review, statement of basis, public participation, 

and departmental recommendation, as outlined in§§ 74:36:05:08 to 74:36:05:20.01, inclusive. 

74:36:10:05. New source review preconstruction permit. A new source review 

preconstruction permit must satisfy the following criteria before beginning actual construction: 

(1) All requirements for new source performance standards in chapter 74:36:07 that apply 

to the facility; 

(2) Compliance with the lowest achievable emission rate (LAER); 

• (3) Certification of compliance that all other major sources, major modifications, or 

reconstructed facilities that are owned, operated, or controlled by the applicant either in whole or 

in part elsewhere in the state are in compliance with all applicable emission limitations and 

standards; and 

(4) The total tonnage of increased emissions, in tons per year, resulting from a major 

modification that must be offset shall be determined by summing the difference between the 

allowable emissions after the modification and the actual emissions before the modification for 

each emissions unit. Emissions offsets are determined in accordance with§ 74:36:10:07 . 

• 

199 
The owner or operator may use a clean unit test as described in § 74:36:10:09 or • 

74:36:10:10 to determine whether emission increases at a clean unit are part of a project that is a 

major modification. 

The owner or operator may apply for a pollution control project exclusion. The procedures 

for a pollution control project exclusion are those in 40 C.F.R. § 51.165(e)(l) to (e)(6), inclusive, 

(Jaly 1, 2003 July l, 2009). 

The owner or operator may apply for a plant-wide applicability limit. The procedures for a 

plant-wide allowable limit are those in 40 C.F.R. § 51.165(±)(1) to (±)(15), inclusive, (Jaly 1, 

m July 1, 2009). 

Approval to construct does not relieve an owner or operator of the responsibility to comply 

fully with applicable provisions of this article or the Clean Air Act and any other requirements 

under local, state, or federal law. 

Submission of preconstruction monitored or projected ambient air quality data, or both, 

from the proposed source must accompany the permit application. In addition, air quality 

dispersion modeling and meteorological data for the prescribed area may be required by the 

department. Costs of these requirements must be absorbed by the proposed source. 

Source: 7 SDR 4, effective July 27, 1980; transferred from § 44:10:01:16, effective July 1, 

• 

1981; 8 SDR 71, effective December 21, 1981; 10 SDR 68, effective January 5, 1984; 13 SDR • 

200 
• 129, 13 SDR 141, effective July 1, 1987; 16 SDR 88, effective November 14, 1989; 17 SDR 170, 

effective May 13, 1991; transferred from§ 74:26:01:16, 19 SDR 157, effective April22, 1993; 

21 SDR 119, effective January 5, 1995; 30 SDR 26, effective September 1, 2003; 31 SDR 101, 

effective January 2, 2005. 

General Authority: SDCL 34A-1-6. 

Law Implemented: SDCL 34A-1-6, 34A-1-22. 

74:36:10:07. Determining credit for emission offsets. The baseline for determining 

credit for emission offsets is the emission limit in effect at the time the application to construct is 

filed, except that the offset baseline is the actual emission of the unit from which offset credit is 

obtained if the demonstration of reasonable further progress and attainment of ambient air quality 

• standards is based upon the actual emission of sources located within a designated nonattainment 

area; or if there is no applicable emission limit. 

In determining credit for emission offsets the following criteria shall be met: 

(1) All offsets must be for the same pollutant, result in a net positive air quality benefit in 

the affected area, and be approved by the department before issuance of the permit, even though 

they need not be in effect until the source commences operation; 

(2) External offsets or those emission limitations from sources not owned, operated, or 

controlled by an applicant for a permit shall be made through a revision of the permit conditions 

• of the participating source or sources. At no time may the baseline be exceeded; 

201 
(3) The permissible location of offsetting emissions shall be conducted in accordance with 

40 C.F.R., Part 51, Appendix S, section IV.D (Jwy 1, 2003 July 1, 2009); 

(4) For an existing fuel combustion unit, credit shall be based on the emission limit for the 

type of fuel being burned at the time the application to construct is filed. If the existing source 

agrees to switch to a cleaner fuel at some future date, emission offset credits based on the 

allowable or actual emissions for the fuels involved may be allowed only if permit conditions 

specify an alternative control measure that would achieve the same degree of emission reduction 

if the source switched back to the dirtier fuel at some later date; 

• 

(5) Emission reductions achieved by shutting down an existing unit or curtailing • 

production or operating hours below baseline levels may be credited if the reductions are 

permanent, quantifiable, federally enforceable, and the area has a federally-approved attainment 

plan. In addition, the shutdown or curtailed production must occur after August 7, 1977, or less 

than one year before the date of submitting the permit application, whichever is earlier. Emission 

reductions may be credited in the absence of a federally-approved attainment plan if the 

shutdown or curtailment occurred on or after the date the application is filed for a new unit or if 

the applicant can establish that the proposed new unit is a replacement for the shutdown or 

curtailed unit, and the shutdown or curtailment occurred after August 7, 1977, or less than one 

year before the date of submitting the permit application, whichever is earlier; 

202 

• 
• 

• 

• 

(6) Except as set forth in 40 C.F.R. § 51.165(a)(3)(ii)(D) (J~:dy 1, 2003 July 1, 2009), 

emission offset credit may not be allowed for replacing one hydrocarbon compound with another 

oflesser reactivity; 

(7) Credit for emissions reduction may be claimed to the extent that the department has not 

relied on it in issuing a permit or in its demonstration of attainment or reasonable further 

progress; 

(8) If the emissions limit allows greater emissions than the potential to emit of the unit, the 

emission offset credit is allowed only for the control below the potential to emit of the unit; 

(9) Decreases in actual emtsswns resulting from the installation of add-on control 

technology or application of pollution prevention measures that were relied upon in designating 

an emissions unit as a clean unit or a project as a pollution control project may not be used as 

offset; 

(10) Decreases in actual emissions occurring at a clean unit may not be used as offsets, 

except as provided in 40 C.F .R. § 51.165( c )(8) and ( d)(1 0) (Jl:lly 1, 2003 July 1, 2009). Similarly, 

decreases in actual emissions occurring at a pollution control project may not be used as offsets, 

except as provided in 40 C.F.R. § 51.165(e)(6)(iv) (Jl:lly 1, 2003 July 1, 2009); and 

(11) All emission reductions claimed as offset credit must be federally enforceable . 

203 
Source: 7 SDR 4, effective July 27, 1980; transferred from §§ 44:10:01:15 and • 

44:10:01:17, effective July 1, 1981; 8 SDR 71, effective December 21, 1981; 12 SDR 183, 

effective May 21, 1986; 13 SDR 129, 13 SDR 141, effective July 1, 1987; 17 SDR 170, effective 

May 13, 1991; transferred from§§ 74:26:01:15,74:26:01:16.01, and 74:26:01:17, 19 SDR 157, 

effective April 22, 1993; 21 SDR 119, effective January 5, 1995; 30 SDR 26, effective 

September 1, 2003; 31 SDR 101, effective January 2, 2005. 

General Authority: SDCL 34A-1-6, 34A-1-21. 

Law Implemented: SDCL 34A-1-21, 34A-1-22. 

74:36:10:08. Projected actual emissions. Any owner or operator who proposes a project 

for existing emissions units at a major stationary source that is not considered a major 

modification based on projected actual emissions but may result in a significant emission • 

increase shall comply with the requirements in 40 C.F.R. § 51.165(a)(6)(i) to (v), inclusive, (My 

1, 2003 July 1, 2009). This section does not apply to projects at a clean unit or at a source with a 

plant-wide applicability limit. 

The owner or operator shall make the information required to be documented in 40 C.F .R. 

§ 51.165(a)(6)(i) to (v), inclusive, (Jffiy 1, 2003 July 1, 2009) available for review upon a request 

for inspection by the secretary or the general public pursuant to the requirements contained in 40 

C.F.R. § 70.4(b)(3)(viii) (J\lly 1, 2003 July 1, 2009). 

Source: 30 SDR 26, effective September 1, 2003; 31 SDR 101, effective January 2, 2005 . 

General Authority: SDCL 34A-1-6. • 

204 
• 

• 

• 

Law Implemented: SDCL 34A-1-6. 

74:36:10:09. Clean unit test for emission units subject to lowest achievable emission 

rate. A clean unit test may be used to determine whether an emission increase at a clean unit is 

part of a project that is a major modification according to the provisions in 40 C.P.R. 

§ 51.165(c)(1) to (c)(9), inclusive, (Jelly 1, 2003 July 1, 2009). 

Source: 30 SDR 26, effective September 1, 2003; 31 SDR 101, effective January 2, 2005. 

General Authority: SDCL 34A-1-6. 

Law Implemented: SDCL 34A-1-6 . 

74:36:10:10. Clean unit test for emission units comparable to lowest achievable 

emission rate. A clean unit test may be used to determine whether an emission increase at a 

clean unit is part of a project that is a major modification for a clean unit that does not qualify as 

a clean unit under § 74:36:10:09, but is achieving a level of emission control comparable to 

lowest achievable emission rate as determined by the secretary in accordance with the provisions 

in 40 C.P.R.§ 51.165(d)(2) to (d)(11), inclusive, (July 1, 2903 July 1, 2009). 

Source: 30 SDR 26, effective September 1, 2003; 31 SDR 101, effective January 2, 2005. 

General Authority: SDCL 34A-1-6. 

Law Implemented: SDCL 34A-1-6 . 

CHAPTER 74:36:11 

205 
PERFORMANCE TESTING • 

Section 

74:36:11:01 Stack performance testing or other testing methods. 

74:36:11:02 Secretary may require performance tests. 

74:36:11:03 Notice to department of performance test. 

74:36:11:04 Testing new fuels or raw materials. 

74:36:11:01. Stack performance testing or other testing methods. All stack • 

performance tests or other test methods must be made in accordance with the applicable method 

specified in 40 C.P.R. § 60.17; Part 60, Appendix A; § 63.14; Part 63, Appendix A; and Part 51, 

Appendix M (all July I, 2005 July 1, 2009). 

Source: SL 1975, ch 16, § I; 2 SDR 40, effective December 7, 1975; transferred from 

§ 34:10:05:01, 7 SDR 4, effective July 27, 1980; transferred from§ 44:10:05:01, effective July 1, 

1981; 10 SDR 68, effective January 5, 1984; 13 SDR 129, 13 SDR 141, effective July 1, 1987; 

14 SDR 72, effective November 24, 1987; 16 SDR 88, effective November 14, 1989; 17 SDR 

170, effective May 13, 1991; transferred from§§ 74:26:05:01, 19 SDR 157, effective April22, 

1993; 21 SDR 119, effective January 5, 1995; 23 SDR 106, effective December 29, 1996; 26 

206 

• 
• SDR 168, effective June 27, 2000; 30 SDR 26, effective September 1, 2003; 31 SDR 101, 

effective January 2, 2005; 32 SDR 209, effective June 13,2006. 

General Authority: SDCL 34A-1-6, 34A-1-12. 

Law Implemented: SDCL 34A-1-12. 

CHAPTER 74:36:12 

CONTROL OF VISIBLE EMISSIONS 

• Section 

74:36:12:01 Restrictions on visible emissions. 

74:36:12:02 Exceptions to restrictions. 

74:36:12:03 Exceptions granted to alfalfa palletizes or dehydrators. 

74:36:12:01. Restrictions on visible emissions. The owner or operator of a source may 

not discharge into the ambient air from a single unit of emissions an air pollutant of a density 

equal to or greater than that designated as 20 percent opacity, as established by the 

Environmental Protection Agency's Method 9 in 40 C.P.R. Part 60, Appendix A (July 1, 2005 

• July 1, 2009). 

207 
Source: SL 1975, ch 16, § 1; transferred from§ 34:10:03:01, 7 SDR 4, effective July 27, 

1980; transferred from§ 44:10:03:01, effective July 1, 1981; 13 SDR 129, 13 SDR 141, effective 

July 1, 1987; 17 SDR 170, effective May 13, 1991; transferred from§ 74:26:03:01, 19 SDR 157, 

effective April22, 1993; 21 SDR 119, effective January 5, 1995; 25 SDR 123, effective April4, 

1999; 26 SDR 168, effective June 27, 2000; 31 SDR 101, effective January 2, 2005; 32 SDR 

209, effective June 13, 2006. 

General Authority: SDCL 34A-1-6. 

Law Implemented: SDCL 34A-1-6. 

74:36:12:03. Exceptions granted to alfalfa palletizes or dehydrators. The owner or 

• 

operator of a facility that pelletizes or dehydrates alfalfa, or that does both, may discharge into • 

the ambient air an air pollutant of a density no greater than 30 percent opacity, as established by 

the Environmental Protection Agency's Method 9 in 40 C.F.R. Part 60, Appendix A (Jffiy 1, 2QQ5 

July 1, 2009). 

Source: 8 SDR 133, effective April 18, 1982; 11 SDR 151, effective May 12, 1985; 13 

SDR 129, 13 SDR 141, effective July 1, 1987; 17 SDR 170, effective May 13, 1991; transferred 

from § 74:26:03:05, 19 SDR 157, effective April 22, 1993; 21 SDR 119, effective January 5, 

1995; 31 SDR 101, effective January 2, 2005; 32 SDR 209, effective June 13,2006. 

General Authority: SDCL 34A-1-6. 

Law Implemented: SDCL 34A-1-6. 

208 

• 
• 

• 

• 

Section 

74:36:13:01 

74:36:13:02 

74:36:13:03 

74:36:13:04 

74:36:13:05 

74:36:13:06 

74:36:13:07 

74:36:13:08 

CHAPTER 74:36:13 

CONTINUOUS EMISSION MONITORING SYSTEMS 

Secretary may require continuous emission monitoring systems (CEMS). 

Minimum performance specifications for all continuous emission monitoring 

systems. 

Reporting requirements. 

Notice to department of exceedance. 

Compliance determined by data from continuous emission monitor. 

Compliance certification. 

Credible evidence. 

Compliance assurance monitoring. 

74:36:13:02. Minimum performance specifications for all continuous emission 

monitoring systems. Minimum performance specifications for all continuous emission 

monitoring systems are those contained in 40 C.F.R. Part 60, Appendix Band 40 C.P.R. § 60.13 

(Jwy 1, 2005 July 1, 2009) . 

209 
Source: 19 SDR 157, effective April22, 1993; 21 SDR 119, effective January 5, 1995; 26 • 

SDR 168, effective June 27, 2000; 31 SDR 101, effective January 2, 2005; 32 SDR 209, 

effective June 13, 2006. 

General Authority: SDCL 34A-l-6, 34A-l-12. 

Law Implemented: SDCL 34A-l-12. 

74:36:13:03. Reporting requirements. Owners or operators of those sources required to 

install continuous emission monitoring systems shall observe the reporting requirements 

contained in 40 C.F.R. § 60.7 (Jaly l, 2005 July 1, 2009). All records must be made available to 

the department on request. 

Source: 19 SDR 157, effective April22, 1993; 21 SDR 119, effective January 5, 1995; 26 • 

SDR 168, effective June 27, 2000; 31 SDR 101, effective January 2, 2005; 32 SDR 209, 

effective June 13, 2006. 

General Authority: SDCL 34A-l-6, 34A-l-12. 

Law Implemented: SDCL 34A-l-12. 

74:36:13:04. Notice to department of exceedance. Any emissions that exceed the 

standards listed in 40 C.F.R. Part 60 (Jaly l, 2005 July 1, 2009) or this article that are detected 

through continuous emission monitoring systems (CEMS) must be reported to the department 

within the time constraints as determined by the secretary in the permit to operate. 

210 

• 
• 

• 

• 

Source: 19 SDR 157, effective April22, 1993; 21 SDR 119, effective January 5, 1995; 26 

SDR 168, effective June 27, 2000; 31 SDR 101, effective January 2, 2005; 32 SDR 209, 

effective June 13, 2006. 

General Authority: SDCL 34A-1-6, 34A-1-12. 

Law Implemented: SDCL 34A-1-12. 

74:36:13:06. Compliance certification. Notwithstanding any other provision in any plan 

approved by the administrator, for the purpose of submission of compliance certifications an 

owner or operator may use monitoring as required under 40 C.F.R. § 70.6(a)(3) (July 1, 2005 

July 1, 2009) and incorporated into a federally enforceable operating permit in addition to any 

specified compliance methods . 

Source: 21 SDR 119, effective January 5, 1995; 31 SDR 101, effective January 2, 2005; 32 

SDR 209, effective June 13, 2006. 

General Authority: SDCL 34A-1-6, 34A-1-12. 

Law Implemented: SDCL 34A-1-12. 

74:36:13:07. Credible evidence. Notwithstanding any other provision, any credible 

evidence may be used for the purpose of establishing whether a person has violated or is in 

violation of a plan. Credible evidence is as follows: 

(1) Information from the use of the following methods is presumptively credible evidence 

of whether a violation has occurred at the source: 

211 
(a) A monitoring method approved for the source pursuant to 40 C.P.R. § 70.6(a)(3) 

(Jffiy 1, 2005 July 1, 2009) and incorporated in a federally enforceable operating permit; 

(b) Compliance methods specified in the applicable plan; and 

(2) The following testing, monitoring, or information gathering methods are presumptively 

credible testing, monitoring, or information-gathering methods; 

(a) Any federally enforceable monitoring or testing methods, including those in 40 

C.P.R. Parts 51, 60, 61, and 75 (Jffiy 1, 2005 July l, 2009); 

(b) Other testing, monitoring, or information-gathering methods that produce 

information comparable to that produced by any method in subdivision (1) or (2)(a) of this 

section. 

Source: 21 SDR 119, effective January 5, 1995; 26 SDR 168, effective June 27, 2000; 31 

SDR 101, effective January 2, 2005; 32 SDR 209, effective June 13, 2006. 

General Authority: SDCL 34A-l-6, 34A-1-12. 

Law Implemented: SDCL 34A-1-12. 

212 

• 

• 

• 
• 

• 

• 

74:36:13:08. Compliance assurance monitoring. The owner or operator of a unit that is 

subject to 40 C.P.R. § 64.2 (July 1, 2003 July 1, 2009), must comply with 40 C.P.R. §§ 64.1 and 

64.3 to 64.10, inclusive, (Jllly 1, 2003 July l, 2009). 

Source: 25 SDR 123, effective April 4, 1999; 26 SDR 168, effective June 27, 2000; 31 

SDR 101, effective January 2, 2005; 32 SDR 209, effective June 13, 2006. 

General Authority: SDCL 34A-1-6, 34A-1-12. 

Law Implemented: SDCL 34A-1-12. 

CHAPTER 74:36:16 

ACID RAIN PROGRAM 

Section 

74:36:16:01 General provisions. 

74:36:16:02 Allowance system. 

74:36:16:03 Reserved. 

74:36:16:04 Continuous emission monitoring. 

74:36:16:05 Nitrogen oxides emission reduction . 

213 
74:36:16:01. General provisions. The following provisions are incorporated by • 

reference: 40 C.F.R. §§ 72.2 to 72.85, inclusive, (July 1, 2005 July 1, 2009) except for the 

following definitions in § 72.2: Environmental Appeals Board, EPA trial staff, ex parte 

communication, hearing clerk, presiding officer, and state operating permit program and except 

for§§ 72.4, 72.5, 72.6(c), 72.10, 72.12, 72.13, 72.20, 72.23 to 72.25, inclusive, 72.60 to 72.71, 

inclusive, 72.73, and 72.74. For the purposes of this chapter, "administrator" means the secretary 

of the eepartmeftt, except for those authorities which cannot be delegated to the state, in which 

case "administrator" means the administrator of the Environmental Protection Agency. 

Source: 21 SDR 119, effective January 5, 1995; 25 SDR 123, effective April 4, 1999; 26 

SDR 168, effective June 27, 2000; 31 SDR 101, effective January 2, 2005; 32 SDR 209, 

effective June 13, 2006. 

General Authority: SDCL 34A-1-6, 34A-l-18. 

Law Implemented: SDCL 34A-1-18. 

74:36:16:02. Allowance system. The allowance system for the acid rain program is that in 

40 C.F.R. §§ 73.1 to 73.53, inclusive, (July 1, 2005 July 1, 2009). 

Source: 21 SDR 119, effective January 5, 1995; 25 SDR 123, effective April4, 1999; 26 

SDR 168, effective June 27, 2000; 31 SDR 101, effective January 2, 2005; 32 SDR 209, 

effective June 13, 2006. 

General Authority: SDCL 34A-l-6, 34A-l-18. 

Law Implemented: SDCL 34A-l-18. 

214 

• 

• 
• 

• 

• 

74:36:16:04. Continuous emission monitoring. The continuous emission monitoring 

requirements for the acid rain program are those in 40 C.P.R. §§ 75.1 to 75.67, inclusive, (July 1, 

~July I, 2009) and Appendixes A to H, inclusive, to 40 C.P.R. Part 75 (Jaly 1, 2005 July 1, 

2009). 

Source: 21 SDR 119, effective January 5, 1995; 25 SDR 123, effective April4, 1999; 26 

SDR I68, effective June 24, 2000; 3I SDR 101, effective January 2, 2005; 32 SDR 209, 

effective June 13, 2006. 

General Authority: SDCL 34A-1-6, 34A-1-18. 

Law Implemented: SDCL 34A-1-18 . 

74:36:16:05. Nitrogen oxides emission reduction. The nitrogen oxides emission 

reduction requirements for the acid rain program are those in 40 C.P.R. §§ 76.1 to 76.16, 

inclusive, (Jaly 1, 2005 July I, 2009). 

Source: 21 SDR 119, effective January 5, 1995; 25 SDR 123, effective April 4, 1999; 26 

SDR 168, effective June 27, 2000; 31 SDR 101, effective January 2, 2005; 32 SDR 209, 

effective June 13, 2006. 

General Authority: SDCL 34A-1-6, 34A-1-18. 

Law Implemented: SDCL 34A-1-18 . 

215 
CHAPTER 74:36:18 

REGULATIONS FOR STATE FACILITIES IN THE RAPID CITY AREA 

Section 

74:36:18:01 

74:36:18:02 

74:36:18:03 

74:36:18:04 

74:36:18:05 

74:36:18:06 

74:36:18:07 

74:36:18:08 

74:36:18:09 

74:36:18:10 

74:36:18:11 

74:36:18:12 

Definitions. 

Applicability. 

Permit required. 

Time period for permits and renewals. 

Required contents of a complete application for a permit. 

Contents of permit. 

Permit expiration. 

Renewal of permit. 

Reasonably available control technology required. 

Visible emissions limit for construction and continuous operation activities. 

Exception to visible emission limit. 

Notice of operating noncompliance -- Contents. 

74:36:18:10. Visible emission limit for construction and continuous operation 

activities. The owner or operator of a state facility or state contractor may not discharge into the 

216 

• 

• 

• 
• ambient air from a fugitive source an air pollutant of a density equal to or greater than that 

designated as 20 percent opacity for a series of two minute averages with a minimum of a total of 

six minutes of readings. The Teflflessee Vis~url Em-issieE:s Metaea 1, as approved by EPA ifl 4 0 

C.P.R. § 52.2220 (Jwy 1, 2001) The Environmental Protection Agency's Method 9 in 40 C.F.R 

Part 60, Appendix A (July 1, 2009) shall be used to determine the opacity. 

Source: 28 SDR 178, effective July 1, 2002. 

General Authority: SDCL 34A-l-6. 

Law Implemented: SDCL 34A-1-47, 34A-1-49 . 

• CHAPTER 74:36:19 

MERCURY BUDGET TRADING PROGRAM 

(Repealed) 

SectieE: 

74:36:19:01 GeE:eral previsieE:s. 

74:36:19:02 DesigH:atea r6fJreseE:tative. 

• 74:36:19:03 Permits. 

217 
74:36:19:04 ,'\nffilal allocatioH ofmereury allowaHces. 

74:36:19:05 Sl:ll:"lmittiHg mereury allovlance allocatioHs to the aEimiHistrator. 

74:36:19:06 Baselffie heat iH]31it. 

74:36:19:07 Allowance allocatioHs for e~<istiHg l1Rits. 

74:36:19:08 Nevi liHit set aside accomt. 

74:36:19:09 Allocation ofmerclif)' allowaHces from Hew l1Rit set aside aeeoliHt. 

74:36:19:10 Merclii)' real:letioH aecoliHt. 

74:36:19:11 Allocation of mefCiii)' allowances from merclif)' redl:lctioH aeeolU'lt. 

74:36:19:12 A]3]3roval of meroory allowances "from Hew liHit set aside aecoliHt ana mereury 

redl:letioH accomt. 

74:36:19:13 AJJowance traekiHg system. 

74:36:19:14 

74:36:19:15 MoHitoriHg aHa rOJ3ortiHg. 

74:aa:19:1H. GeBeFal })Fovisioas. The followiHg gOHeral J3rovisions are iHCOFJ3orateEl by 

refereHee: 40 C.P.R.§§ 60.4102 to 60.4108, iHehtsive (July 1, 2005). 

SoaFee: 33 SDR 43, effective S0]3tember 18, 2006. 

Geaeral A.atho£ity: SDCL 34A 1 6, 34A 1 18. 

Law IIH})lemeated: SDCL 34/•. 1 18. 

218 

• 

• 

• 
• 

• 

• 

t d FepFeseatati-ve. . EJaly I 

4 

"·19·<12 . .,.,...... •o 4114 ;,,~umw -- ' 7.,,.. • . 0 G F.R. !! 60.4110 te " . , 

. The fellowiag aesigH.atea FeflFeSentative 

prov:isioas are iacorpora t e a by retereace. 4 . 

SeuFee. . 33 SDR 43, effective SeJ_3tem b er, I8 2009 . 

CeBeFa I ,_ '4lthenty: . SDCL 34A: 1 9, 34A 1 I8. 

Law Implemeated: SD CL34A 1 • I 18. 

74:J6:19:0J. Penmts. . The fellowiag pemut . p ro·<isioas ~ are lfl · corpora t e a by refereace: 40 

C.F.R.§§ 90.4120to 90 · 4 12 4 ' iacluslVe . EJ<lly 1 ' 2005). 

. 33 SDR 43, effeetive SeJ.3teFH b e f I8 ' 2009 . 

CeBeFaa-.. I A. ~t 9FI • 

Law ImplemeB ted· . SDCL 34A I 18. 

I lleeatieB ef me ' ana fer 74, •• ,,.,.4. ,..... • • 2017 ;, 2,304 ...... •" ,. .. 

. a ifl 20 1 0 tlwoug~ 

Feu~· allewaBees. The annual allocatioas of 

mereury . a llomances "' c. ±ere th control peno 

2018 ana thereafter, lS . 928 ouaces per year. 

. 33 SDR 43, effective SeJ_3terrrer b I8 ' 2009 . 

CeBeFaa 1 •ut en · 

Law ImplemeBteEI. . SD CL 34A 1 I8. 

219 
74:~6:19:1}§. SubmittiBg mereury all~Wlauee allaeatiaas ta the admiBistratar. The • 

tim-iRg reEJUiremefl:ts fur Sl:lbHI:ittiRg the mer6\.'lf)' allowaBee alloeatioRs ffi aeeordaRee with 

§§ 74:36:19:97, 74:36:19:99, and 74:36:19:11 to the t\dmiffistrator of BPA are ffieo£florated by 

refereRee: 49 C.P.R. § 69.4141 (Jtily 1, 2995). 

Sauree: 33 SDR 43, effeetive 86fltember 1g, 2996. 

Cmeral t.cHtharity: SDCL 34A 1 6, 34A 1 1g. 

LIWl lJHJtlemeBted: SDCL 34A 1 1g. 

74:36:19:06. Baseline heat iB):lat. The basel-iRe heat ifl}ffit, in ffiilliOR Bws, \ised vlith 

reSJ)est to merem-y a.J..lowaB:ee alloeatioRs for eaeh meroory btidget 1ill-it are meo£florated ay 

refereRee: 49 C.P.R.§ 69.4142(a) (Jtily 1, 2995). 

Sauree: 33 SDR 43, effeetive September 1g, 2996. 

Ceueral }·.cHtharity: SDCL 34A 1 6, 34A 1 1g. 

LIWl lJHJtlemmted: SDCL 34A 1 1g. 

74:36:19:07. Allawauee allaeatiaus far msti.Bg HBits. The total amo\ifit of meretifY 

allowaBees for elcisting lffii.ts shall eEJ:l*al 99 pereeRt of the anm:lal mer61i£Y alloeatioRs iR 

§ 74:36:19:94 for eoffirol perioEl iR 2919 thro'l'lgb. 2914, aB:d 92 pereefl:t fur eoRtrol period iR 2Ql5 

aBEl thereafter. 1\R 6l<istiRg tiflit is defined as a meremy btidget tifiit that has established a baselffie 

heat ffi[l1it ffi aeeordaB:ee with§ 74:36:19:96. If there is more thaB ORe 6l<istiag 1il.'iit, the amO\iflt 

of meretiry allowanee is determffied for eaeh eJcistiag 1ifiit by Hl:1iltiplying the total amo\ifit of 

220 

• 

• 
• 

• 

• 

. . f h baseline heat lB:flU . , t of the elnsung . . l:ffiit to the total aB'I:Ount 

, 0lo .. ·aaees by the ratio o Ge 11 arest whole allowaaee as 

mer6\ll") a w . aad roundiag to t e ae of baseline heat lB:flH . t of all SHeh eKistiag HBltS 

awropriate. 

Seuree: 33 SDR ' 43 ' effeetive SeptenH~ b r 1& ' 2009. 

0 General Aut h en •ty-. SD..., b 3AA '11 " 1 9 ' 34A 1 1&. 

La·Y/ lmplemen t e d· . S9Gb 34A 1 1&. 

74'30,19,98. N•w -· • ...... ••id• ...... . '"'Y ollawaoe". "" ~ "'~- . . . de aeeoHat for mer 

t For eaeh eoatrol peno . d . m 2010 aad thereafter, 

h Btl'" Halt set asl l 6\:!FJ' etary shall establis a vr eat of the atURia mer ''" "" ide aeeoHB:t s a " " "'""" ""' .... l 

alloeatwas . . ln s s 74·39:19:04 . for eontrol pone 

pone . d. m 2015 aad thereafter. 

Seuree: 33 SDR ' 43 ' effeetive SepteHFe b r 1& ~ ' 2009. 

C enenl Aut h en •ty-. SDGb 34a A 1 9 ' 34A 1 1&. 

Law lmplemen t e . d· SDGb 34A 1 1&. 

f B ef meFI!UFY a ~ . A m l:ffiit 74:36:19:09. A!leea te .. '1able to a Hew Halt. 1" ne-w 

. set aside aeeoHB:t are avat 

Ue·.yaaees frem B 6 ... " URI •t set aside aeeeuat. 

es from the new Halt . Ht iH aeeordaaee 

,._, . """"""" . ""' ..,, ......... . " 8 a"""""" """ "'P . 

. El tinea as a mereHFy bHElget Hillt that es from the ne>i'i Hnit set asule 

ts e . . 1' 'b1e for meroory allowane 

-'th § 70.:19:0 •. n A <rw em Halt lS &lgt ., . olla ... .S - , a-llomaaees " 

nl . El for "'hieh the new I:!Hl lS t 1 one " aeeoHB:t l:UH ·1 the first eoatro P 

221 
. atea representathe ·., ef a new oot .t may saemrt · a r e!lt~est 

1. aeemur · . ·stem eemp tanee . . h the new umt 

""""""' """"""' 'Y _,, period •• wine cv . d after the eea tfel pens . I eried ia 2010 er the first een st Hl:Ust be soomttted en 

eeatre J'l , 01 "'anee transfer re!llJe . The mereury a ew h 

mercul) ' ... ~-d ---- . . B the ceatrel pens ' d;, """"" ... "'""""' , , efRlSSWns «lf 

the ne>N umt s tetcv e , allo·.:~r.anees aH!Hv e . ' I ooees ef mercury , ·t bl in the new 

aests(s) eKeeea the merel:ll) 

t fur that ceatre fJ ' b , the ratie 

'ffi'lt . h t tal ameUB:t e m ., "" """" ..,,_ f """'Y <>!lew"""' l 

lf lytngt e 8 1 

t0 e'ffi'lces ef mercuf) est wlwle al e wan , emissiens danng 

1 

"' ee as ........ d ........... ... 

, h re!lt~ests an reUB 

eUB:ces ef mercury . . in the new umt set as , efRissien ef all sue . ide acceuat fur 

apprepnate. • '~ A , unallecate d mer Gtlf)' a lle"'ances " fefRatmng 

the ceatrel peno . a s hall be banked fur futare use. 

:n 8DR 43 effective 8eptem b ~ r 18 , 2006. 

General Aatherit}. 

Law IHI:fllemen t e d: ' 8DCL 34A 1 18. 

, redae-tien aeeeUB: . CUf)' 

74·36:19:10. Mereary u , allewanees. The mer 

. . eeeuat fur mer6F) , reductwn a 

t Fer each eel'Pe tr I pens . d ffi: . 20Hl and thereafter, 

""" """' """'""' " - t ef the """"<>! ...._ ... """' a h ll ""'"' ""' ....... allewances fer t h c mercury re4:le1en f aeceoot s a 

222 

• 

• 

• 
• 

• 

• 

a-lloeatwns . . 4 In § 7 . ·36: 19:04 for eoH:trol peno . a in2010 throagh 2014, an a fear pereen t for eeH:trol 

peno . a. tn 2015 aHa thereafter. 

Seu.ree: 33 8DR ' 43 ' effective 8eptem :a ~ f 18 ' 2006. 

General Aut h an 'ty· .8DCL 34t " L 1 6 ' 34A 1 18. 

Law lmplemente d· '8DCL 34A 1 18. 

, llawanees 1:F ., am mereury reduetiaH aeeauHt . . f. mereu:f1 a · ne'"' 74·••·19,1!. - ...... •- - Hlele'" ,.;eaag ""''"' ,. . . . acemmt are avm a 

R meroary redactiOn trels for ,_ ollow"'''" """'H . -I• ,..,., ike,........,. een 

• 1 Beot-ee , B ,.,.......,.,_,, I ,..,.,......, 

nil """ ""'"'"""' . 1 1e 90 •"'-"-

0 a than or Sqtla 

, ·~t aehie·re greater , coH:trol is 

a

n ~<isting ffi'lit OF ne· .. ml: 't that achie•reS aest me£6\lf) 

. =e·"' lifl:l tt . . HE:lt Of 11 .. H ' 

..,;,;,., -

"' ' .... Aft ........ .... .......,. """""'" ...... • 4 ....... ,, -· 

ll "'anCSS from . 't ana

1

er 

eligible r... ike .,.......,. "'''" d • <mated represeE:tath · •. , ef '" ,.;;.ag .,._ - . l:lfj' tteSl,.. t 

nseeative eontrol periods. The mere from the mercury reduction aceolHl 

con , allmvanees 

ha"e mereary · · nit 

new ffi'llt . may 'S\,1 • """' ........ le ~ eompli<mee accomJ: • ' ..... "'' """""' w 

tracking system . a 

f "" ...... --"

1

trans~ "''""" . . 2010 ., "''- ""'"'""'" trol penoa 1n 

. ...ill> ike ~a~ .. ef ike "'" ol """ .,.......,. N ne>'' lHlit starting n h n demonstrate . aBI:tl Of " ' controls has ..,ee 

B t me£6\lf) n ' 

. ";. '"'""""" -··"""" .. - ...... -. ...... ' ' ' f""'"""' 1 - .... "" B . tt a on Of 11etOr 

aest mast ae sa mt e Effi , a-llowances 

llo

'"ance transt<er reEJ: tts\ e~<eeea the mer 4) 

a " a If the reE):lies ~ l 

reEJ:aeste . "' h 

'"t.ieh the mercmy ' a ~lowanees are allo"'anee sha-ll be a4erminea e tOf eac r.tt f mereary- v• 

~lstlng . . . t andlor ne>.v ffi'lit ay malttplymg t 1 efficiencies of a-ll saeh liE:1 the Sl:lffiffiation of coflfo 

of the mereary coflfo t 1 efficieney t< ~r a reEJ:liest to 

223 
d Ol:Hl:ding to the nearest vffiole allowanee aspp a ro l'l riate 0 r~ "RY unalloeated meremy • 

allowanees remammg 1 

fumre 1:1seo 

S auree. . 33 £DR '- 43 ' effeetive £eptember 18,20060 

General Authari~·: £DCL 34A 1 6• 34,A. 1 180 

Law I1Bf3lemented: £DCL 3 4A 1 180 

74:36:19:12. A)3JlF9\'al af mereur~ r allafl r an ees fram new unit set aside aeeaunt and 

mereary redaetlan . t aeeaun · Th e departmeHt 'Nill re'liew eaeh mereu.ry allowanee reql:lest frOHl 

0 d etlFJ' redl:let1on 0 aeeol:ln ·t ana transfer mer6l:ll)' allowanees to 

the mereu.ry allowanee traekmg system eornp 

sueh req1:1ests as fellows: 

(1) The department will aeeept an allo,.vanee alloeation reql:lest for the new l:!Hit set aside 

aeeow t only if the reql:lest meets, or is adjl:lsted by 0eep h d artmeHt as neeessary to meet, the 

reEil±irements or§ 74:36:19:09; . 0 

(2) The department will aeeept an allowanee al1oeation reEll:lest fer the mer6l:lry redl:letlon 

aeeow t only if the reqHest meets, or is adJl:ISted 0 by 0e h de 4'l artmeHt as neeessary to meet, the 

reql:lirements of§ 74:36:19:11; 

(3) The departmeHt will determine the Sl:lffi of the meroory allowanees reql:lested, as 

adj1:1sted 1n 0 aeeor d anee ,.,oth wl §§ 74036:19:09 0 and 74:36:19:11, for the eontro1period and transfer 

224 

• 
• 

• 

• 

t the appropriate ffi6f6l:H'J 7 allowanee traekmg . s J ·steffi SOHl:fllianee 

!ho .,,._ ollow..,.., e ... "' ore olleoa!od; ""' 

...h· 4 the ffieretlf)' aUewan f th ;,·eaf fer wHl . tt a an 

tby Oetebef31 e e 4.1tati·'e that si4>ffil e aeeellfl: 7 aesigaatea f6j3f6Se ~ . ffy eaeh ffi6f6l:H'J h 

(4) The aepartffi6Ht Will HO 1 that are transferred to Ge 

f ereary a no·"anees " f th amollfl:t o ffi t; 

olleW<RGo """"'"" """'"'' ' - .;.: ,..,.. """""'"" 

8

"'""' "" ffiereary a esl .gaatea represeHtatwes . ffi ereary allo"'anee •• trae aag 

the eoatrol peno . a 60"erea ' ay the reEjtleSt 

Seu:ree: 33 £DR 43 ' effeetive 8eptel.'l:r6f 13 18 ' 2oo8. 

CeneralrA .. ut h en =ty· . 8D Gb 4 H A 1 9 ' ~4A 1 18. 

Law IIH:plemented: g DGb34A "" 1 18. 

74·'1(j·19:B. A:llewanee trae 60 4157 if1elasive (Jaly 1, .,. ·"' · ~9041§1 to"· ;J' t; ee· 4 Q G.R.R. §s . 

ldB:g system. The fellowiag allowanee traei:mg 1 · system 

provisioas afe IRe . e Ffl orated ay re~efl . 

Seuree: 33 £DR ' 43 ' effeetive 8ept6H'bt? a r 18 ' 2009. 

General Aut h erJ . I"'T ,., 4 A 1 9 ~ 4A I 18. 't;}•• £Don J n ' 

Law IIH:plemented: 8DGb 34 ". A 1 18. 

tFansfers. The fellowiag 

lfl60.y . =orated ay refereaee: 40 G.F. . 

Seuree: ~3 £DR ' 43 ' effeetive 8epteraaer 18, 2009 . 

allowanee trans~ B 1' <>ro·zisioas • afe 

225 
CeneFai,.t._.uthaFity: SDGL 34A 1 6, 34A 1 18. 

Law I~H~Jlemented: SDGL 34A 1 18. 

74:Jfi:19:1S. Ma&itaring and Fef)aFti&g. The fellowiag moaitoriag aad Fej:lortiag 

pro'!'isioas are iaeorporatea by refereaee: 40 C.P.R. §§ 60.4170 to 60.4176, iaeiHsive (JH1y 1, 

SauFee: 33 SDR 43, effeetive Se)9tember 18, 2006. 

CeneFal AuthaFity: ~meL 34A 1 6, 34l\ 1 18. 

Law I~H~Jlemented: SDGL 34A 1 18. 

CHAPTER 74:36:20 

CONSTRUCTION PERMTIS FOR NEW SOURCES OR MODIFICATIONS 

74:36:20:01 Applicability. 

74:36:20:02 Construction permit required. 

74:36:20:03 Construction permit exemption. 

74:36:20:04 Emission unit exemptions. 

74:36:20:05 Standard for issuance of construction permit. 

74:36:20:06 Timely and complete application for a construction permit required. 

74:36:20:07 Required contents of complete application for a construction permit. 

74:36:20:08 Applicant required to supplement or correct application. 

226 

• 

• 

• 
• 

• 

• 

74:36:20:09 Permit application-- Completeness review. 

74:36:20:10 Time period for department's recommendation. 

74:36:20:11 Public participation in permitting process. 

74:36:20:12 Public review of department's draft permit. 

74:36:20:13 Final permit decision-- Notice to interested persons. 

74:36:20:14 Right to petition for contested case hearing. 

74:36:20:15 Contents of construction permit. 

74:36:20:16 Administrative permit amendment. 

74:36:20:17 Procedures for administrative permit amendments. 

74:36:20:18 Reopening construction permit for cause. 

74:36:20:19 Procedures to reopen construction permit . 

74:36:20:20 Construction permit does not exempt from other requirements. 

74:36:20:21 Expiration of a construction permit. 

74:36:20:22 Notice of constructing or operating noncompliance-- Contents. 

74:36:20:23 Petition for contested case on alleged violation. 

74:36:20:24 Circumvention of emissions not allowed. 

74:36:20:01. Applicability. The requirements of this chapter apply to the construction of 

all new sources or modifications to existing sources. 

Source: 

General Authority: SDCL 34A-l-6, 34A-l-21 . 

Law Implemented: SDCL 34A-l-21. 

227 
74:36:20:02. Construction permit required. A person may not construct, install, modify, • 

or operate any source or unit likely to cause the emission of air pollutants into the ambient air or 

any equipment that prevents or controls the emission of air pollutants into the ambient air until a 

construction permit has been issued by the board or the secretary. 

Source: 

General Authority: SDCL 34A-l-6, 34A-1-21. 

Law Implemented: SDCL 34A-1-21. 

74:36:20:03. Construction permit exemption. The following new sources or 

modifications to an existing source are exempt from obtaining a construction permit: 

(1) A new source or modification to an existing source meeting the requirements of§ • 

74:36:09; 

(2) A new source or modification to an existing source meeting the requirements of § 

74:36:10; 

(3) A new source or modification to an existing source authorized under a general permit; 

(4) A source that meets the exemption requirements in§§ 74:36:04:02.01 and 74:36:05:04. 

Source: 

General Authority: SDCL 34A-l-6, 34A-l-21. 

Law Implemented: SDCL 34A-1-21. 

• 

228 
• 74:36:20:04. Emission unit exemptions. The following emission units are exempt from 

inclusion in a construction permit unless the source has requested federally enforceable permit 

conditions related to the emission unit to avoid needing a Part 70 operating permit, PSD 

preconstruction permit, or NSR preconstruction permit or the emission unit is applicable to a 

standard in§§ 74:36:07 or 74:36:08: 

(1) One or more incinerators of less than 100 pounds per hour combined burning capacity 

that combust municipal or household waste; 

(2) A mobile internal combustion encine, including those m autos, trucks, tractors, 

aimlanes, locomotives, and boats; 

(3) Laboratory equipment used exclusively for chemical or physical analysis; 

(4) A unit that has a heat input capability of not more than 3,500,000 Btus per hour, except 

• for units fueled with wood or coal; 

• 

(5) An air conditioning or ventilating system not designed to remove air pollutants from 

equipment; 

(6) Routine housekeeping or plant upkeep activities such as painting buildings, retarring 

roofs, or paving parking lots; 

(7) A unit that has the potential to emit two tons or less per year of any criteria pollutant 

before the application of control equipment. However, the criteria pollutant emissions from the 

unit must be· included in determining whether the source is required to obtain a construction 

permit; and 

(8) A unit that has the potential to emit two tons or less per year of any hazardous air 

pollutant before the application of control equipment. However, the hazardous air pollutant 

229 
emissions from the unit must be included in determining whether the source is required to obtain • 

a construction permit. 

Source: 

General Authority: SDCL 34A-l-6, 34A-1-21. 

Law Implemented: SDCL 34A-1-21. 

74:36:20:05. Standard for issuance of construction permit. A construction permit for a 

new source or modification to an existing source may be issued only if it has been shown that the 

operation of the new source or modification to an existing source will not prevent or interfere 

with the attainment or maintenance of an applicable national ambient air quality standard. 

Compliance with this requirement as determined by air pollution dispersion modeling is not • 

affected by stack height that exceeds good engineering practice or by any other dispersion 

technique as defined in 40 C.F.R. § 51.100 (July 1, 2009). Each new source or modification to an 

existing source must comply with emission limits and other requirements of the act and the Clean 

Air Act. The construction permit must include reasonable conditions, including adherence to 

plans and specifications, to ensure compliance with the act, the Clean Air Act, and any other 

conditions justified under SDCL 34A-l-19. 

Source: 

General Authority: SDCL 34A-l-6, 34A-l-19, 34A-1-21. 

Law Implemented: SDCL 34A-1-21. 

• 

230 
• 74:36:20:06. Timely and complete application for a construction permit required. A 

person who constructs a new source or modification to an existing source required to have a 

construction permit shall submit a complete application to the department at least 180 days 

before the estimated date of commencing construction of the new source or modification to an 

existing source. An application is complete if it meets the requirements in§ 74:36:20:07. 

Source: 

General Authority: SDCL 34A-l-6, 34A-l-21. 

Law Implemented: SDCL 34A-l-21. 

74:36:20:07. Required contents of complete application for a construction permit. An 

application for a construction permit for a new source or modification must include the following 

• information to be considered a complete application: 

• 

(1) The following general company information: 

(a) The company name and address or the plant name and address if different from the 

company name; 

(b) The owner's name and agent, and 

(c) The plant site manager or contact; 

(2) A description of the plant and its processes and products; 

(3) The following information on emissions: 

(a) Identification and description of all emission units; 

(b) Fuels, fuel use, raw materials, and production rates; 

(c) Identification and description of air pollution control equipment; 

231 
(d) Limitations on source operation affecting emissions or any work practice standards, • 

if applicable, for all regulated air pollutants; 

(e) Other information required by any applicable requirements, including information 

related to stack height limits, such as the location of emissions units, flow rates, building 

dimensions, and stack parameters, including height, diameter, and plume temperature, for all 

pollutants regulated at the source; 

( 4) If available, a copy of any prepared plans and the specifications of any equipment or 

other facilities that may affect the source, including pollution control devices; 

(5) A signed and notarized certification of applicant form; 

( 6) The results of any air dispersion modeling required by the department; 

(7) The results of any stack performance testing required by the department; and 

(8) Any other information requested by the department that is relevant to determining • 

compliance with the act or the Clean Air Act. 

The application must be signed by the responsible official or designated representative. 

Source: 

General Authority: SDCL 34A-l-6, 34A-l-21. 

Law Implemented: SDCL 34A-1-12, 34A-l-21. 

74:36:20:08. Applicant required to supplement or correct application. If the applicant 

is aware that the application is incomplete or that any relevant facts or information contained in 

an application are incorrect, the applicant shall submit the supplementary facts or corrected 

information. The applicant shall provide additional information as necessary to address • 

232 
• requirements that become applicable after the application is filed but before the release of the 

draft permit. 

Source: 

General Authority: SDCL 34A-l-6, 34A-1-21. 

Law Implemented: SDCL 34A-1-21. 

74:36:20:09. Permit application -- Completeness review. The department shall conduct 

a completeness review of each permit application received, as follows: 

(1) Within 30 days after submission of an application for a construction permit, the 

department shall notify the applicant in writing whether or not the application is complete or 

• incomplete. If the department does not notify the applicant that the application is incomplete 

within 30 days after receipt of the application, the application is considered complete. The 

department may at any time during the processing of the application request, m writing, 

additional information necessarv to evaluate or take final action on the application; 

(2) If the application is incomplete or additional information is necessary to evaluate the 

application, the department shall identify the items required to complete the application. The 

applicant has 20 working days after receipt of an incomplete notification or request for additional 

information to submit the information, unless an extension beyond the 20 working days is 

approved by the department; and 

• 

233 
(3) The department shall determine the adequacy of the applicant's response to each • 

incomplete item within 15 days after receipt of the response and shall notify the applicant in 

writing if the application is or is not complete. 

Source: 

General Authority: SDCL 34A-1-6, 34A-1-21. 

Law Implemented: SDCL 34A-1-21. 

74:36:20:10. Time period for department's recommendation. The department shall 

recommend issuance or denial of a construction permit within 180 days after the submission of a 

complete application and all other additional information necessary for the department to make 

an informed decision. A recommendation to issue a permit shall include a draft permit with • 

appropriate conditions to ensure compliance with the act or the Clean Air Act. Failure of the 

department to act on an application entitles the applicant to petition for and obtain a contested 

case review of the application without waiting for a department recommendation. The petition 

must conform to the requirements of article 74:09. 

Source: 

General Authority: SDCL 34A-1-6, 34A-l-21. 

Law Implemented: SDCL 34A-1-21. 

• 

234 
• 

• 

• 

74:36:20:11. Public participation in permitting process. The department shall mail a 

copy of the draft permit to the applicant. The department shall publish a public notice of the draft 

permit once in a legal newspaper in the county where the source is located. The notice must 

include a brief statement describing the source and where it is located; the department's 

recommendation and the reasons for it; the activity or activities involved in the permit action; a 

statement that a person may submit comments or contest the draft permit within 30 days after the 

publication of the notice; a description of the procedures a person must follow to contest the draft 

permit and request a hearing in accordance with article 74:09; and a statement describing where 

copies of the draft permit or other information may be obtained. The department shall provide to 

the interested parties a 30-day notice of any hearing to contest a draft permit. 

Source: 

General Authority: SDCL 34A-l-6, 34A-1-2l. 

Law Implemented: SDCL 1-26-27, 34A-l-21, 34A-1-30. 

74:36:20:12. Public review of draft permit. During the public comment period, any 

interested person may submit written comments on the draft permit or request a contested case 

hearing. All comments shall be considered in making a final permit decision on the draft permit 

as provided in § 74:36:20:13. A request for a contested case hearing must be in writing and 

prepared and filed in accordance with article 74:09. The department is not required to accept 

recommendations or comments that are not based on applicable requirements of this article or the 

requirements of the Clean Air Act. 

235 
Source: 

General Authority: SDCL 34A-l-6, 34A-l-21. 

Law Implemented: SDCL 34A-1-21 

74:36:20:13. Final permit decision -- Notice to interested persons. The department 

shall make its final permit decision within 30 days of the end of the public comment period on a 

draft permit. The department shall notify, in writing, the applicant and each person that submitted 

written comments or requested notice of the final permit decision. The notice shall include 

reference to the procedures for contesting the final permit decision and requesting a hearing in 

accordance with article 74:09. For the purpose of this section, the final pennit decision means 

proposing a pennit or denying a pennit. 

The final permit shall be issued within 30 days of notifying the applicant and each person 

that submitted written comments or requested notification of the final permit decision except 

under the following conditions: 

(1) A later effective date is specified in the final permit decision; 

(2) A contested case hearing is requested; or 

(3) No comments or request for changes in the draft permit were received during the 

public comment period on the draft permit. In this case, the draft permit automatically becomes 

the final permit decision and the final permit is issued at the end of the public comment period . 

Source: 

236 

• 

• 

• 
• General Authority: SDCL 34A-1-6, 34A-1-21. 

Law Implemented: SDCL 1-26-27, 1-26-29, 34A-1-21, 34A-1-30, 34A-1-34 

74:36:20:14. Right to petition for contested case hearing. The applicant or interested 

person may petition the board and obtain a contested case hearing to dispute the department's 

draft permit. Any other person may petition to intervene and request a hearing if the person has 

an interest affected by the department's draft permit. Such petitions must comply with the 

provisions of article 74:09 and be received by the department within 30 days after publication of 

the notice required by§ 74:36:20:11. 

The applicant or an interested person that comments on the draft permit may petition the 

• board for and obtain a contested case hearing to dispute the department's final permit decision. 

Such petitions must comply with the provisions of article 74:09 and be received by the 

department within 30 days after receiving the department's final permit decision. 

If the draft permit or the final permit decision is contested, the department shall present the 

draft permit or final permit decision to the board for action in accordance with article 74:09. 

Source: 

General Authority: SDCL 34A-l-6, 34A-I-21. 

Law Implemented: SDCL 1-26-27, l-26-29, 34A-1-2l, 34A-1-30, 34A-1-34 . 

• 

237 
74:36:20:15. Contents of construction permit. A construction permit shall include the • 

following: 

(1) The signature of either the secretary or the chairman; 

(2) The name of the person, company, political subdivision, agency, or institution granted 

a permit; 

(3) The type of operation; 

(4) The facility and mailing address; 

(5) The date the construction permit was granted; 

(6) A number for administrative reference; 

(7) The timeline for submitting a timely and complete application for a minor source 

operating permit or Part 70 source operating permit; 

(8) A statement granting a construction permit by the board or secretary and any • 

conditions that the board or secretary may impose to ensure compliance with the act and the 

Clean Air Act; 

(9) Emission limits and standards, including operational requirements and limits for all 

regulated emission units, necessary to ensure compliance with applicable requirements of the act 

and the Clean Air Act; 

(1 0) Monitoring, recordkeeping, and reporting requirements necessary to determine 

compliance with the construction permit; 

(11) A severability clause to ensure the continued validitv of the various permit 

requirements if any portions of the permit are challenged; and 

(12) Provisions stating the following: 

• 

238 
• 

• 

• 

(a) The permittee must comply with all conditions of the permit. Any permit 

noncompliance constitutes a violation and is grounds for enforcement action; 

(b) The construction permit does not convey any property rights of any sort or any 

exclusive privilege; and 

(c) The permittee shall provide any information, including records, requested in writing 

by the department to determine compliance. 

Source: 

General Authority: SDCL 34A-l-6, 34A-l-21. 

Law Implemented: SDCL 34A-l-21, 34A-1-30 . 

74:36:20:16. Administrative permit amendment. An administrative permit amendment 

may be issued for a revision to an operating permit meeting the requirements of§ 74:36:01:03. 

An application for an administrative permit amendment shall contain a description of the change 

and documentation supporting the applicant's claim that the revision qualifies as an 

administrative permit amendment. 

Source: 

General Authority: SDCL 34A-l-6, 34A-l-21. 

Law Implemented: SDCL 34A-1-21 

74:36:20:17. Procedures for administrative permit amendments. The source may 

implement a proposed revision that is considered an administrative permit amendment 

239 
immediately upon notifying the department. The department shall determine whether an • 

administrative permit amendment is applicable to the proposed revision within 15 days of 

receiving a request for a permit revision. The department shall issue administrative permit 

amendments without the procedural requirements applicable to obtaining a construction permit. 

Source: 

General Authority: SDCL 34A-l-6, 34A-1-21. 

Law Implemented: SDCL 34A-l-21 

74:36:20:18. Reopening construction permit for cause. The department may reopen a 

construction permit for further review if the department determines that the permit contains a 

material mistake in establishing the emissions standards or limits or other requirements of the • 

construction permit or the department determines that the construction permit must be revised to 

ensure compliance with the applicable requirements of this article and the Clean Air Act. 

Source: 

General Authority: SDCL 34A-l-6, 34A-l-21. 

Law Implemented: SDCL 34A-1-21 

74:36:20:19. Procedures to reopen construction permit. The department shall notifY the 

source at least 30 days before reopening a construction permit. The department may reopen a 

permit in a shorter time in an emergency. The procedures to reopen a construction permit shall 

• 

240 
• follow the procedural requirements to issue a construction permit and shall affect only those parts 

of the permit for which cause to reopen exists. 

Source: 

General Authority: SDCL 34A-l-6, 34A-l-21. 

Law Implemented: SDCL 34A-l-21 

74:36:20:20. Construction permit does not exempt from other requirements. The 

issuance of a construction permit for a new source or modification to an existing source does not 

exempt the new source or modification to an existing source from obtaining the applicable 

operating permit pursuant to § 74:36:04 or § 74:36:05 or from the obligation to comply with the 

• applicable emission limitations or requirements of the Clean Air Act. 

Source: 

General Authority: SDCL 34A-1-6, 34A-1-21. 

Law Implemented: SDCL 34A-l-21 

74:36:20:21. Expiration of a construction permit. A construction permit expires if the 

construction of the new source or modification to an existing source has not commenced within 

18 months after the effective date of the construction permit, if construction is discontinued for a 

period of 18 months or more, or if construction is not completed within ten years of the effective 

date. If a construction permit expires, the applicant's authority to commence construction or 

• complete construction of the new source or modification to an existing source is terminated. 

241 
Source: 

General Authority: SDCL 34A-l-6, 34A-l-21. 

Law Implemented: SDCL 34A-l-21. 

74:36:20:22. Notice of constructing or operating noncompliance-- Contents. If the 

department determines that the construction or operation of a source is not in compliance with 

this article, the Clean Air Act, or permit conditions, the department may issue a notice of such a 

finding to the permit holder or operator of the source. The notice must contain citations to the 

rules, statutes, or permit conditions violated and the alleged facts upon which the determination 

is based. The secretary, with the concurrence of the alleged violator, may settle an issue of 

noncompliance by entering into a compliance agreement with the source that specifies the date 

for final compliance of the source and any penalties under SDCL 34A-l-39. If a compliance 

agreement is not negotiated, the department may petition the chairman of the board for a 

contested case hearing or may file a civil penalty or injunctive action in circuit court. 

Source: 

General Authority: SDCL 34A-l-6. 

Law Implemented: SDCL 1-26-20, 34A-l-53. 

74:36:20:23. Petition for contested case on alleged violation. In accordance with 

§ 74:36:20:22, the department may file a petition containing the information required in article 

74:09 with the chairman to request an order directing corrective action, to request that an 

242 

• 

• 

• 
• enforcement hearing be scheduled pursuant to the provisions of chapter 74:09:01, or to request 

that the construction permit be suspended or revoked for noncompliance. 

Source: 

General Authority: SDCL 34A-1-6. 

Law Implemented: SDCL 34A-1-47, 34A-1-49. 

74:36:20:24. Circumvention of emissions not allowed. A person may not install or cause 

the installation or use of a device or a means that conceals or dilutes an emission of air pollutants 

that would otherwise violate this article or the Clean Air Act. This includes operating a source, 

unit, or control device that emits pollutants into the ambient air from an opening other than the 

• stack, vent, or equivalent opening from which they were designed to be emitted. 

Source: 

General Authority: SDCL 34A-1-6. 

Law Implemented: SDCL 34A-1-18 . 

• 

243